Section 1. That sections 1547.69, 2911.21, 2913.02, 2921.13, | 19 |
2923.12,
2923.121, 2923.122,
2923.123, 2923.13, 2923.16, 2929.14, | 20 |
2953.32, and 4749.10 be
amended and
sections
109.731, 311.41, | 21 |
311.42, 2923.124, 2923.125,
2923.126,
2923.127,
2923.128, | 22 |
2923.129, 2923.1210, 2923.1211, and
2923.1212
of
the
Revised Code | 23 |
be enacted to
read as follows: | 24 |
(C) The Ohio peace officer training commission shall | 58 |
prescribe a fee to be paid by an applicant under section 2923.125 | 59 |
of the Revised Code for a
license to carry a
concealed handgun or | 60 |
for the renewal of a license of that nature in
an amount that does | 61 |
not exceed the lesser of forty-five dollars or the actual cost of | 62 |
issuing the license, including, but not limited to, the cost of | 63 |
conducting the criminal records check. The commission shall | 64 |
specify the portion of the fee that will be
used to pay each | 65 |
particular cost of the issuance of the license. The sheriff shall | 66 |
deposit
all fees paid by an applicant under section 2923.125 of | 67 |
the
Revised Code into the sheriff's concealed handgun license | 68 |
issuance expense fund established
pursuant to section 311.42 of | 69 |
the Revised Code. | 70 |
(D) The Ohio peace officer training commission shall
maintain | 71 |
statistics with respect to
the issuance, renewal,
suspension, | 72 |
revocation, and denial of licenses to carry
a
concealed handgun | 73 |
and the suspension of applications for those
licenses as
reported | 74 |
by the sheriffs pursuant to division (C) of
section 2923.129
of | 75 |
the Revised Code. Not later than the
first
day
of March in each | 76 |
year, the commission shall
submit a
statistical
report to the | 77 |
governor, the president of the senate,
and
the
speaker of the | 78 |
house of representatives indicating the
number of
those
licenses | 79 |
that were issued, renewed, suspended,
revoked, and
denied in the | 80 |
previous calendar year and the number
of
applications for those | 81 |
licenses
for which processing was
suspended
in accordance with | 82 |
division (D)(3) of
section 2923.125
of the
Revised
Code in the | 83 |
previous calendar year. | 84 |
(E) The Ohio peace officer training commission shall oversee | 85 |
compliance with the requirement for the destruction of records | 86 |
required by division (B) of section 311.41 of the Revised Code. | 87 |
The commission may adopt rules in accordance with Chapter 119. of | 88 |
the Revised Code implementing procedures to be followed in | 89 |
relation to the destruction of those records and to ensure that | 90 |
the destruction requirements are followed. The commission may
hire | 91 |
employees to make appropriate investigations to ensure that
the | 92 |
destruction requirements are followed. County sheriffs shall | 93 |
cooperate with any investigation under this division and shall | 94 |
give the employees access to all places and records in the | 95 |
sheriff's office related to criminal records checks conducted in | 96 |
accordance with section 311.41 of the Revised Code. | 97 |
Sec. 311.41. (A)(1) Upon receipt of an application for a | 100 |
license to carry a concealed handgun under division (C) of section | 101 |
2923.125 of the Revised Code or an application to renew a license | 102 |
to carry a concealed handgun under division (F) of that section, | 103 |
the sheriff shall conduct a criminal records check of
the | 104 |
applicant to determine whether the applicant fails to meet the | 105 |
criteria described in division (D)(1) of section 2923.125 of the | 106 |
Revised Code by using the law enforcement automated data system
to | 107 |
gain access to the criminal records in the bureau of criminal | 108 |
identification
and investigation, the national crime information | 109 |
center, and the interstate identification index. In conducting
the | 110 |
criminal records check under this division, the sheriff shall
use | 111 |
the applicant's name, social security number, and date of
birth | 112 |
that are stated in the application or the fingerprints of
not more | 113 |
than four fingers of the applicant if the applicant
allows the | 114 |
sheriff to obtain those fingerprints using an
electronic | 115 |
fingerprint reading device for the purpose of
conducting the | 116 |
criminal records check. | 117 |
(2) If a criminal records check conducted under division | 118 |
(A)(1) of this section using the applicant's name, social security | 119 |
number, and date of birth that are stated in the application | 120 |
indicates that the applicant may fail to
meet any of the criteria | 121 |
described in division (D)(1) of section
2923.125 of the Revised | 122 |
Code and if the applicant wishes to
proceed with the application, | 123 |
the sheriff shall conduct further
investigation to determine | 124 |
whether the applicant meets all of the
criteria described in that | 125 |
division.
| 126 |
If the applicant previously has
not done so, the applicant | 127 |
shall allow the sheriff to obtain the
fingerprints of
not more | 128 |
than four fingers of the applicant using
an electronic
fingerprint | 129 |
reading device. The sheriff shall use those fingerprints of the | 130 |
applicant to conduct an additional criminal records check of the | 131 |
applicant in the manner provided in division (A)(1) of this | 132 |
section. The sheriff shall not
retain the applicant's social | 133 |
security number or
fingerprints as part of the application. | 134 |
(B) If a criminal records check conducted under
division
(A) | 148 |
of this section does not indicate that the applicant fails to
meet | 149 |
the criteria
described in division (D)(1) of section 2923.125
of | 150 |
the Revised
Code, the sheriff shall destroy or cause a
designated | 151 |
employee to
destroy all records other than the
application for a | 152 |
license to
carry a concealed handgun or the
application to renew a | 153 |
license to
carry a concealed handgun that
were made in connection | 154 |
with the
criminal
records check within
twenty days after | 155 |
conducting the
criminal
records check. When
required by section | 156 |
2923.127 of the
Revised
Code, the source the
sheriff used in | 157 |
conducting the
criminal records check shall
destroy or the chief | 158 |
operating
officer of the source shall cause
an employee of the | 159 |
source
designated by the chief to
destroy all
records other than | 160 |
the
application for a license to carry a
concealed handgun or the | 161 |
application to renew a license to carry a
concealed handgun that | 162 |
were made in connection with the criminal
records check within the | 163 |
twenty-day period described in that
section. | 164 |
(C) If division (B) of this section applies to a particular | 165 |
criminal records check, no sheriff, employee of a sheriff | 166 |
designated by the sheriff to destroy records under that division, | 167 |
source the sheriff used in conducting the criminal records
check, | 168 |
or employee of the source designated by the
chief operating | 169 |
officer of the source to destroy records under that division shall | 170 |
fail
to destroy or cause to be destroyed within the applicable | 171 |
twenty-day period specified in that division all records other | 172 |
than the application for a license to carry a concealed handgun or | 173 |
the application to renew a license to carry a concealed handgun | 174 |
made in
connection with the particular criminal records check. | 175 |
Sec. 311.42. (A) Each county shall establish in the county | 180 |
treasury a sheriff's concealed handgun license issuance expense | 181 |
fund. The sheriff of that
county shall deposit into that fund all | 182 |
fees paid by applicants
for the issuance or renewal of a license | 183 |
or duplicate license to
carry a concealed handgun under section | 184 |
2923.125 of the Revised
Code. The county shall distribute the fees | 185 |
deposited into the
fund in accordance with the specifications | 186 |
prescribed by the Ohio
peace officer training commission under | 187 |
division (C) of section
109.731 of the Revised Code. | 188 |
(B) The sheriff, with the approval of the board of county | 189 |
commissioners, may expend any county portion of the fees deposited | 190 |
into the sheriff's concealed handgun license issuance expense fund | 191 |
for any costs incurred by
the sheriff in connection with | 192 |
performing any administrative
functions related to the issuance of | 193 |
concealed handgun licenses, including, but not
limited to, | 194 |
personnel expenses and the costs of any handgun safety
education | 195 |
program that the sheriff chooses to fund. | 196 |
(F) Divisions (B), (C), and (D) of this section do not
apply | 232 |
to the possession or discharge of a United States coast
guard | 233 |
approved signaling device required to be carried aboard a
vessel | 234 |
under section 1547.251 of the Revised Code when the
signaling | 235 |
device is possessed or used for the purpose of giving a
visual | 236 |
distress signal. No person shall knowingly transport or
possess | 237 |
any
such signaling device
of that nature in or on a vessel in a | 238 |
loaded
condition at any time other than immediately prior to the | 239 |
discharge of the signaling device for the purpose of giving a | 240 |
visual distress signal. | 241 |
(H) This section does not apply to officers, agents, or | 244 |
employees of this or any other state or of the United States, or | 245 |
to law enforcement officers, when authorized to carry or have | 246 |
loaded or accessible firearms in a vessel and acting within the | 247 |
scope of their duties,
norand this section does not apply to | 248 |
persons legally engaged in hunting.
Divisions (C) and
(D) of this | 249 |
section do not
apply to a person who transports or possesses a | 250 |
handgun in a
vessel and who, at the time of that transportation or | 251 |
possession, is carrying a valid license to carry a concealed | 252 |
handgun issued to the person under section 2923.125 of the
Revised | 253 |
Code, unless
the person
knowingly is in a place on the vessel | 254 |
described in
division
(B) of section 2923.126 of the
Revised
Code. | 255 |
(2) Except as otherwise
provided in this division or
division | 299 |
(B)(3), (4), (5), or (6) of
this section, a violation of
this | 300 |
section is petty theft, a
misdemeanor of the first degree.
If
the | 301 |
value of the property or
services stolen is five hundred
dollars | 302 |
or more and is less than
five thousand dollars or if the
property | 303 |
stolen is any of the
property listed in section 2913.71
of the | 304 |
Revised Code, a
violation of this section is theft, a
felony of | 305 |
the fifth
degree. If the value of the property or
services stolen | 306 |
is five
thousand dollars or more and is less than
one hundred | 307 |
thousand
dollars, a violation of this
section is grand
theft, a | 308 |
felony of the fourth degree. If the value of the
property or | 309 |
services stolen is one hundred thousand dollars or
more, a | 310 |
violation of this section is aggravated theft, a felony of
the | 311 |
third degree. | 312 |
(3) Except as otherwise provided in division (B)(4),
(5), or | 313 |
(6)
of this section, if the victim of the offense is an elderly | 314 |
person or
disabled adult, a violation
of this section is theft | 315 |
from an elderly person or disabled adult, and
division (B)(3) of | 316 |
this section applies. Except as
otherwise provided in this | 317 |
division, theft from an elderly person or disabled
adult is a | 318 |
felony of the fifth degree. If the value of the property or | 319 |
services stolen is five hundred dollars or more and is less than | 320 |
five thousand dollars, theft from an elderly person or disabled | 321 |
adult is a felony of the fourth degree. If the value of the | 322 |
property or services stolen is five thousand dollars or more and | 323 |
is less than twenty-five thousand dollars, theft from an elderly | 324 |
person or disabled adult is a felony of the third degree. If the | 325 |
value of the property or services stolen is twenty-five thousand | 326 |
dollars or more,
theft from an elderly person or disabled adult is | 327 |
a felony of the
second degree. | 328 |
(8) The statement is in writing and is made with purpose
to | 365 |
induce another to extend credit to or employ the offender, to | 366 |
confer any
degree, diploma, certificate of attainment, award
of | 367 |
excellence, or honor on the offender, or to extend to or
bestow | 368 |
upon the offender any other valuable benefit or
distinction, when | 369 |
the person to whom the statement is directed
relies upon it to | 370 |
that person's detriment. | 371 |
(10) The statement is knowingly made to a probate court in | 374 |
connection with any action, proceeding, or other matter within
its | 375 |
jurisdiction, either orally or in a written document,
including, | 376 |
but not limited to, an application, petition,
complaint, or other | 377 |
pleading, or an inventory, account, or
report. | 378 |
(B) No person, in connection with the purchase of a firearm, | 395 |
as
defined in section 2923.11 of the
Revised Code, shall knowingly | 396 |
furnish to the seller of the
firearm a fictitious or altered | 397 |
driver's or commercial driver's license or
permit, a fictitious or | 398 |
altered identification card, or any other document
that contains | 399 |
false information about the purchaser's identity. | 400 |
(2) Whoever violates division (A)(9) of this section is | 418 |
guilty of falsification in a theft offense. Except as otherwise | 419 |
provided in
this division, falsification in a theft
offense is a | 420 |
misdemeanor of the first degree. If the value of the property or | 421 |
services stolen is five hundred dollars or more and is less than | 422 |
five thousand
dollars, falsification in a theft offense is a | 423 |
felony of the fifth degree. If
the value of the property or | 424 |
services stolen is five thousand dollars or more
and is less than | 425 |
one hundred thousand dollars, falsification in a theft
offense is | 426 |
a felony of the fourth degree. If the value of the property or | 427 |
services stolen is one hundred thousand dollars or more, | 428 |
falsification in a
theft offense is a felony of the third degree. | 429 |
(G) A person who violates this section is liable in a civil | 436 |
action to any person harmed by the violation for injury, death, or | 437 |
loss to
person
or property incurred as a result of the commission | 438 |
of the offense and for
reasonable attorney's fees, court costs, | 439 |
and other expenses incurred as a
result of prosecuting the civil | 440 |
action commenced under this division. A civil
action under this | 441 |
division is not the exclusive remedy of a person who incurs | 442 |
injury, death, or loss to person or property as a result of a | 443 |
violation of
this section. | 444 |
(a) An officer, agent, or employee of this or any other state | 457 |
or the United States, or a law enforcement officer, who is | 458 |
authorized to carry a handgun, or a corrections officer who has | 459 |
successfully completed a basic firearms training program approved | 460 |
by the Ohio peace officer training commission and who is | 461 |
authorized to carry a handgun; | 462 |
(1) The weapon was carried or kept ready at hand by the
actor | 482 |
for defensive purposes, while the actor was engaged in
or
was | 483 |
going to or from the actor's lawful business or
occupation,
which | 484 |
business or occupation was of
sucha character or was
necessarily | 485 |
carried on in
sucha manner or at
such a time or place
as
to | 486 |
render
the actor particularly susceptible to criminal
attack, such | 487 |
as
would justify a prudent person in going armed. | 488 |
(5)
The actor, at the time of the alleged carrying or | 501 |
possession of a handgun other than a dangerous ordnance, would | 502 |
have met all of the
requirements
for a license
to carry a | 503 |
concealed
handgun under division
(D)(1)
of section
2923.125 of the | 504 |
Revised Code if the actor had submitted
an application for a | 505 |
license to carry a concealed handgun at the
time the actor carried | 506 |
a concealed handgun. An affirmative
defense under this
division | 507 |
does not apply to a person who
knowingly was in a place
described | 508 |
in division (B) of section
2923.126 of the
Revised Code
at the | 509 |
time of the alleged carrying
or possession of a concealed
handgun. | 510 |
(D)(1) The fact that a person who is prosecuted for a | 511 |
violation of this section is found to have carried or possessed a | 512 |
concealed weapon under an affirmative defense authorized in | 513 |
division (C)(1), (2), or (5) of this section shall not be used
in | 514 |
a subsequent prosecution of the person for a violation of this | 515 |
section or section 1547.69, 2923.121, 2923.122, 2923.123, or | 516 |
2923.16 of the Revised Code. | 517 |
(E)(1) Whoever violates this
section is guilty of carrying | 522 |
concealed weapons, a misdemeanor of the first degree. If the | 523 |
offender previously has been convicted of a violation of this | 524 |
section or of any offense of violence, if the weapon involved is a | 525 |
firearm
that is
either loaded or for which the offender has | 526 |
ammunition ready at
hand, or if the weapon involved is dangerous | 527 |
ordnance,
carrying concealed weapons is a felony of the
fourth | 528 |
degree. If the weapon involved is a firearm and the violation
of | 529 |
this
section is committed at premises for which a D permit
has | 530 |
been issued
under Chapter 4303. of the Revised
Code or if
the | 531 |
offense is committed aboard an aircraft, or with purpose to
carry | 532 |
a concealed weapon aboard an aircraft, regardless of the
weapon | 533 |
involved.Except as otherwise provided in division
(E)(2), (3),
or | 534 |
(4) of this section, carrying concealed weapons
is a
felony | 535 |
misdemeanor of the
thirdfirst degree. | 536 |
(b) At the time of the commission of the offense, the | 541 |
offender would have
met the requirements for a license
to carry a | 542 |
concealed
handgun under divisions (D)(1)(b) to (k)
of
section | 543 |
2923.125
of the Revised Code if the offender had submitted an | 544 |
application for a license to carry a concealed handgun at the time | 545 |
the offender carried a concealed handgun but would not have met | 546 |
the
requirement for a license
to carry a concealed
handgun
under | 547 |
division (D)(1)(a) or (l) of section
2923.125 of the
Revised Code. | 548 |
(a) The weapon involved is a handgun, and, at the time of
the | 563 |
commission of the offense, the offender
would not have met one
or | 564 |
more of the requirements to be eligible for a license to
carry
a | 565 |
concealed handgun under divisions (D)(1)(b)
to (k) of section | 566 |
2923.125 of the Revised
Code if the offender had submitted an | 567 |
application for a license to carry a concealed handgun at the time | 568 |
the offender carried a concealed handgun and did not meet the | 569 |
requirement to
be eligible for a license to
carry a concealed | 570 |
handgun under
division (D)(1)(a) or (l) of
section 2923.125 of the | 571 |
Revised Code. | 572 |
(B)(1) This section does not apply to officers, agents, or | 595 |
employees of this or any other state or the United States, or to | 596 |
law enforcement officers, authorized to carry firearms, and
acting | 597 |
within the scope of their dutiesor to a corrections officer who | 598 |
has successfully completed a basic firearms training program | 599 |
approved by the Ohio peace officer training commission and who is | 600 |
authorized to carry a firearm, unless the officer, agent, | 601 |
employee, law enforcement officer, or corrections officer is
in | 602 |
violation of section 2923.15 of the Revised Code. | 603 |
(3) This section does not prohibit any person who is a
member | 607 |
of a veteran's organization, as defined in section 2915.01
of the | 608 |
Revised Code, from possessing a rifle in any room in any
premises | 609 |
owned, leased, or otherwise under the control of the
veteran's | 610 |
organization, if the rifle is not loaded with live
ammunition and | 611 |
if the person otherwise is not prohibited by law
from having the | 612 |
rifle. | 613 |
(4) This section does not apply to any person possessing
or | 614 |
displaying firearms in any room used to exhibit unloaded
firearms | 615 |
for sale or trade in a soldiers' memorial established
pursuant to | 616 |
Chapter 345. of the Revised Code, in a convention
center, or in | 617 |
any other public meeting place, if the person is an
exhibitor, | 618 |
trader, purchaser, or seller of firearms and is not
otherwise | 619 |
prohibited by law from possessing, trading, purchasing,
or selling | 620 |
the firearms. | 621 |
(5) This section does not apply to the holder of the D
permit | 622 |
issued under Chapter 4303. of the Revised Code if the
holder is | 623 |
carrying a valid license to carry a concealed handgun
issued to | 624 |
the holder under section 2923.125 of the Revised Code.
This | 625 |
section also does not apply to an employee of the holder of
the D | 626 |
permit who is authorized by the holder of the D permit to
carry a | 627 |
handgun in the room or open air arena in which liquor is being | 628 |
dispensed and
who is carrying a valid license to carry a concealed | 629 |
handgun
issued to the employee under section 2923.125 of the | 630 |
Revised Code. | 631 |
(1) The firearm was carried or kept ready at hand by the | 636 |
actor for defensive purposes, while the actor was engaged in
or | 637 |
was going to or from the actor's lawful business or
occupation, | 638 |
which business or occupation was of such character or was | 639 |
necessarily
carried on in such manner or at such a time or place | 640 |
as to render
the actor particularly susceptible to criminal | 641 |
attack, such as
would justify a prudent person in going armed. | 642 |
(D)(1) The fact that a person who is prosecuted for a | 649 |
violation of this section is found to have possessed a firearm | 650 |
under an affirmative defense authorized in division (C)(1), (2), | 651 |
or (3) of this section shall not be used in a subsequent | 652 |
prosecution of the person for a violation of this section or | 653 |
section 1547.69, 2923.12, 2923.122, 2923.123, or 2923.16 of the | 654 |
Revised Code. | 655 |
(D) This section does not apply to officers, agents, or | 675 |
employees of this or any other state or the United States, or to | 676 |
law enforcement officers, authorized to carry deadly weapons or | 677 |
dangerous ordnance and acting within the scope of their duties,
to | 678 |
any security officer employed by a board of education or
governing | 679 |
body of a school during the time that the security
officer is on | 680 |
duty pursuant to that contract of employment, or to
any other | 681 |
person who has written authorization from the board of
education | 682 |
or governing body of a school to convey deadly weapons
or | 683 |
dangerous ordnance into a school
safety zone or to
possess a | 684 |
deadly weapon or dangerous ordnance in a
school
safety zone and | 685 |
who conveys or possesses the deadly weapon or dangerous ordnance | 686 |
in accordance
with that authorization. | 687 |
Division (C) of this section does not apply to
premises upon | 688 |
which home schooling is conducted. Division (C) of
this section | 689 |
also does not apply to a school administrator, teacher, or | 690 |
employee who possesses an object that is indistinguishable from a | 691 |
firearm for
legitimate school purposes during the course of | 692 |
employment, a student who uses
an object that is indistinguishable | 693 |
from a firearm under the direction of a
school administrator, | 694 |
teacher, or employee, or any other person who with the
express | 695 |
prior approval of a school administrator possesses
an object that | 696 |
is indistinguishable from a firearm for a legitimate purpose, | 697 |
including the use of the object in a ceremonial activity, a play, | 698 |
reenactment,
or other dramatic presentation, or a ROTC activity or | 699 |
another similar
use of the object. | 700 |
This section does not apply to a person who, at the time of | 701 |
conveying or attempting to convey a handgun into, or possessing a | 702 |
handgun in, a school safety zone, is carrying a valid license to | 703 |
carry a concealed handgun issued to the person under section | 704 |
2923.125 of the Revised Code and is in the school safety zone in | 705 |
accordance with 18 U.S.C. 922(q)(2)(B), unless the person | 706 |
knowingly is in a place described in division (B) of section | 707 |
2923.126 of the Revised Code. | 708 |
(E)(1) Whoever violates division (A)
or (B) of this section | 709 |
is guilty of illegal
conveyance or possession of a deadly weapon | 710 |
or
dangerous ordnance
in a school safety zone.
Except as otherwise | 711 |
provided in this division, illegal conveyance or
possession of a | 712 |
deadly weapon or dangerous
ordnance in a school
safety zone is a | 713 |
felony of the fifth degree. If the
offender
previously has been | 714 |
convicted of a violation of this section,
illegal conveyance or | 715 |
possession of a deadly
weapon or dangerous
ordnance in a school | 716 |
safety zone is a
felony of the fourth degree. | 717 |
(2) Whoever violates division (C) of this section is
guilty | 718 |
of illegal possession of an object indistinguishable from a | 719 |
firearm
in a
school
safety zone. Except as otherwise provided in | 720 |
this
division, illegal possession
of an object indistinguishable | 721 |
from a firearm in a school
safety zone is a misdemeanor of the | 722 |
first degree. If
the offender previously has
been convicted of a | 723 |
violation of this section, illegal possession of an object | 724 |
indistinguishable from a firearm in a school
safety zone is a | 725 |
felony of the fifth
degree. | 726 |
(F)(1) In addition to any other penalty imposed upon a
person | 727 |
who
is convicted of or pleads guilty to a violation
of
this | 728 |
section and subject to division (F)(2) of this
section, if the | 729 |
offender has not attained nineteen years of age, regardless of | 730 |
whether the
offender is attending or is enrolled in a school | 731 |
operated by a board of
education or for which the state board of | 732 |
education prescribes minimum
standards under section 3301.07 of | 733 |
the Revised Code, the
court shall impose upon the offender | 734 |
whichever of the following penalties
applies: | 735 |
(c) If the offender has
been issued a commercial driver's | 746 |
license temporary instruction permit that
then is in effect, the | 747 |
court shall suspend the offender's driver's license, revoke the | 748 |
commercial
driver's license temporary instruction permit, and deny | 749 |
the offender the
issuance of
another commercial driver's license | 750 |
temporary instruction permit, and the
period of suspension plus | 751 |
the period of denial shall total not less than
twelve months and | 752 |
not more than thirty-six months. | 753 |
(d) If, on the date the court imposes sentence upon the | 754 |
offender
for a
violation of this section,
the offender has not | 755 |
been issued any type of license that then is in effect to operate | 756 |
a motor
vehicle in this state or a
temporary instruction permit | 757 |
that then is in effect, the court shall deny
the offender the | 758 |
issuance of a temporary instruction permit for a
period of not | 759 |
less than twelve months and not more than thirty-six months. | 760 |
(2) If the offender shows good cause why the court should not | 765 |
suspend or
revoke one of the types of licenses, permits, or | 766 |
privileges specified
in
division
(F)(1) of this section or deny | 767 |
the issuance of one of the
temporary
instruction permits specified | 768 |
in that division, the court in its discretion
may choose not to | 769 |
impose the suspension, revocation, or denial required in
that | 770 |
division. | 771 |
(1) A judge of a court of record of this state or a | 786 |
magistrate, unless a rule of superintendence or another type of | 787 |
rule adopted by the supreme court pursuant to
Article
IV,
Ohio | 788 |
Constitution, or an applicable
local rule of court prohibits all | 789 |
persons from conveying or
attempting to convey a deadly weapon or | 790 |
dangerous ordnance into
a courthouse or into another building or | 791 |
structure in which a courtroom
is located or from possessing or | 792 |
having under one's control a
deadly weapon or dangerous ordnance | 793 |
in a courthouse or in another
building or structure in which a | 794 |
courtroom is located; | 795 |
(2) A peace officer, or an officer of a law enforcement | 796 |
agency of another state, a political subdivision of another
state, | 797 |
or the United
States, who is authorized to
carry a deadly weapon | 798 |
or dangerous ordnance, who possesses or
has under that | 799 |
individual's control a deadly weapon or dangerous
ordnance as a | 800 |
requirement of that individual's duties, and who
is acting within | 801 |
the scope of that individual's duties at the
time of that | 802 |
possession or control, unless a rule of
superintendence or another | 803 |
type of rule adopted by the supreme
court pursuant to Article
IV, | 804 |
Ohio
Constitution, or an applicable
local rule of court prohibits | 805 |
all persons from conveying or
attempting to convey a deadly weapon | 806 |
or dangerous ordnance into
a courthouse or into another building | 807 |
or structure in which a courtroom
is located or from possessing or | 808 |
having under one's control a
deadly weapon or dangerous ordnance | 809 |
in a courthouse or in another
building or structure in which a | 810 |
courtroom is located; | 811 |
(4) A bailiff or deputy bailiff of a court of record of
this | 816 |
state who is authorized to carry a firearm pursuant to
section | 817 |
109.77 of the Revised
Code, who possesses or has
under that | 818 |
individual's control a firearm as a requirement of
that | 819 |
individual's duties, and who is acting within the scope of
that | 820 |
individual's duties at the time of that possession or
control, | 821 |
unless a rule of superintendence or another type of
rule adopted | 822 |
by the supreme court pursuant to
Article
IV,
Ohio
Constitution, or | 823 |
an applicable
local rule of court prohibits all persons from | 824 |
conveying or
attempting to convey a deadly weapon or dangerous | 825 |
ordnance into
a courthouse or into another building or structure | 826 |
in which a courtroom
is located or from possessing or having under | 827 |
one's control a
deadly weapon or dangerous ordnance in a | 828 |
courthouse or in another
building or structure in which a | 829 |
courtroom is located; | 830 |
(5) A prosecutor, or a secret service officer appointed
by a | 831 |
county prosecuting attorney, who is authorized to carry a
deadly | 832 |
weapon or dangerous ordnance in the performance of the | 833 |
individual's
duties, who possesses or has under that individual's | 834 |
control a deadly weapon
or dangerous ordnance
as a requirement of | 835 |
that individual's duties, and who is acting
within the scope of | 836 |
that individual's duties at the time of that
possession or | 837 |
control, unless a rule of superintendence or
another type of rule | 838 |
adopted by the supreme court pursuant to
Article IV of the Ohio | 839 |
Constitution or an
applicable local rule of court prohibits all | 840 |
persons from conveying or
attempting to convey a deadly weapon or | 841 |
dangerous ordnance into
a courthouse or into another building or | 842 |
structure in which a
courtroom is located or from possessing or | 843 |
having under one's
control a deadly weapon or dangerous ordnance | 844 |
in a courthouse or
in another building or structure in which a | 845 |
courtroom is
located; | 846 |
(6) A person who conveys or attempts to convey
a handgun
into | 847 |
a courthouse or into another building or
structure in which a | 848 |
courtroom is located, who, at the time of
the conveyance or | 849 |
attempt, is carrying a valid license to carry a concealed
handgun | 850 |
issued to the person under section 2923.125 of the Revised
Code, | 851 |
and who
transfers possession of the handgun to the
officer or | 852 |
officer's
designee who has charge of the courthouse
or building. | 853 |
The
officer shall secure the handgun until the
licensee is | 854 |
prepared to
leave the premises. The exemption described in this | 855 |
division does
not apply if a rule of superintendence or another | 856 |
type of rule
adopted by the supreme court pursuant to Article IV, | 857 |
Ohio
Constitution, or if an applicable local rule of court | 858 |
prohibits
all
persons from conveying or attempting to convey a | 859 |
deadly weapon
or dangerous ordnance into a courthouse or into | 860 |
another building
or structure in which a courtroom is located or | 861 |
from possessing
or
having under one's control a deadly weapon or | 862 |
dangerous
ordnance
in a courthouse or in another building or | 863 |
structure in
which a
courtroom is located. | 864 |
(D)(1) Whoever violates division (A) of this section is | 865 |
guilty of illegal conveyance of a deadly weapon or dangerous | 866 |
ordnance into a courthouse. Except as otherwise provided in this | 867 |
division,
illegal conveyance of a deadly weapon or dangerous | 868 |
ordnance into a courthouse
is a felony of the fifth degree. If
the | 869 |
offender previously has been
convicted of a violation of
division | 870 |
(A) or (B) of this
section, illegal conveyance of a
deadly weapon | 871 |
or dangerous ordnance into a
courthouse is a felony
of the fourth | 872 |
degree. | 873 |
(2) Whoever violates division (B)
of this section is guilty | 874 |
of illegal possession or control of a
deadly weapon or dangerous | 875 |
ordnance in a courthouse. Except as otherwise
provided in this | 876 |
division, illegal possession or control of a deadly weapon or | 877 |
dangerous ordnance in a courthouse is a felony of the fifth | 878 |
degree. If the
offender previously has been convicted of a | 879 |
violation of division (A)
or (B) of this section, illegal | 880 |
possession or control of a deadly
weapon or dangerous ordnance in | 881 |
a courthouse is a felony of the fourth
degree. | 882 |
(1) A nonrefundable license fee prescribed by the Ohio peace | 929 |
officer training commission pursuant to division (C) of section | 930 |
109.731 of the Revised Code, except that the sheriff
shall waive | 931 |
the payment of the license fee
in connection with an
initial or | 932 |
renewal application for a license that is
submitted by
an | 933 |
applicant who is a retired peace officer, a
retired person | 934 |
described in division (B)(1)(b) of section 109.77
of
the Revised | 935 |
Code, a retired federal law enforcement officer
who, prior to | 936 |
retirement, was authorized under federal law to
carry a firearm in | 937 |
the course of duty, or a retired corrections officer who, prior to | 938 |
retirement, had successfully completed a basic firearms training | 939 |
program approved by the Ohio peace officer training commission and | 940 |
who was authorized to carry a firearm in the course of duty, | 941 |
unless the retired peace officer, person, federal law enforcement | 942 |
officer, or corrections officer retired as the result of a mental | 943 |
disability; | 944 |
(3) Unless the applicant is a retired peace officer,
federal | 947 |
law enforcement officer, or corrections officer described
in | 948 |
division (B)(1) of this section or a retired person described in | 949 |
division (B)(1)(b) of section 109.77 of the Revised Code and | 950 |
division (B)(1) of this section, one or more of the following | 951 |
competency
certifications, each of which shall reflect that within | 952 |
the three
years immediately preceding the application the | 953 |
applicant has
performed that to which the competency certification | 954 |
relates: | 955 |
(b) An original or photocopy of a certificate of completion | 962 |
of a firearms safety, training, or requalification or firearms | 963 |
safety instructor course, class,
or program that was open to | 964 |
members of the general public, that
utilized qualified instructors | 965 |
who were certified by the national
rifle association, the | 966 |
executive director of the Ohio peace
officer training commission | 967 |
pursuant to section 109.75 or 109.78
of the Revised Code, or a | 968 |
governmental official or entity of
another state, that was offered | 969 |
by or under the auspices of a
law
enforcement agency of this or | 970 |
another state or the United
States,
a public or private college, | 971 |
university, or other similar
postsecondary educational
institution | 972 |
located in this or another
state, a firearms training
school | 973 |
located in this or another
state, or another type of public
or | 974 |
private entity or organization
located in this or another
state, | 975 |
and that complies with the
requirements set forth in
division (G) | 976 |
of this section; | 977 |
(c) An original or photocopy of a certificate of completion | 978 |
of a state, county, municipal, or department of natural resources | 979 |
peace officer training school that is approved by the executive | 980 |
director
of the Ohio peace officer training commission pursuant to | 981 |
section
109.75 of the Revised Code and that complies with the | 982 |
requirements set forth in division (G) of this section, or the | 983 |
applicant has satisfactorily
completed and been issued a | 984 |
certificate of completion of a basic
firearms training program, a | 985 |
firearms requalification training
program, or another basic | 986 |
training program described in section
109.78 or 109.801 of the | 987 |
Revised Code that complies with the requirements set forth in | 988 |
division (G) of this section; | 989 |
(ii) That, through participation in the military service | 995 |
described in division
(B)(3)(d)(i) of this
section, the applicant | 996 |
acquired experience
with handling handguns
or other firearms, and | 997 |
the experience so
acquired was equivalent
to training that the | 998 |
applicant could have
acquired in a course,
class, or program | 999 |
described in division
(B)(3)(a), (b), or (c) of
this section. | 1000 |
(e) A certificate or another similar document that evidences | 1001 |
satisfactory completion of a firearms training, safety, or | 1002 |
requalification or firearms safety instructor course, class, or | 1003 |
program that is not otherwise
described in division (B)(3)(a), | 1004 |
(b), (c), or (d) of this section,
that was conducted by an | 1005 |
instructor who was certified by an
official or entity of the | 1006 |
government of this or another state or
the United States or by the | 1007 |
national rifle association, and that
complies with the | 1008 |
requirements set forth in division (G) of this
section; | 1009 |
(f) An affidavit that attests to the applicant's
satisfactory | 1010 |
completion of a course, class, or program described
in division | 1011 |
(B)(3)(a), (b), (c), or (e) of this section and that
is subscribed | 1012 |
by the applicant's instructor or an authorized
representative of | 1013 |
the entity that offered the course, class, or
program or under | 1014 |
whose auspices the course, class, or program was
offered; | 1015 |
(D)(1) Except as provided in division (D)(3), (4), or (5) of | 1027 |
this
section, within forty-five days after receipt of an | 1028 |
applicant's
completed application form for a license to carry a | 1029 |
concealed
handgun, the supporting documentation, and, if not | 1030 |
waived, license
fee, a sheriff shall issue to the applicant a | 1031 |
license to carry a
concealed handgun that shall expire four years | 1032 |
after the date of issuance if all of the
following apply: | 1033 |
(d) The applicant is not under indictment for or otherwise | 1040 |
charged with a felony; an offense under Chapter 2925., 3719., or | 1041 |
4729. of the Revised Code that involves the illegal possession, | 1042 |
use, sale, administration, or distribution of or trafficking in a | 1043 |
drug of abuse; a misdemeanor offense of violence; or a violation | 1044 |
of section 2903.14 or 2923.1211 of the Revised Code. | 1045 |
(e) The applicant has not been convicted of, pleaded guilty | 1046 |
to, or been adjudicated a delinquent child for an act that if | 1047 |
committed by an adult would be a felony; an offense under Chapter | 1048 |
2925., 3719., or 4729. of the Revised Code that involves the | 1049 |
illegal possession, use, sale, administration, or distribution of | 1050 |
or trafficking in a drug of abuse; or a violation of section | 1051 |
2903.13 of the Revised Code when the victim of the violation is a | 1052 |
peace officer, regardless of whether the applicant was sentenced | 1053 |
under division (C)(3) of that section. | 1054 |
(f) The applicant, within three years of the date of the | 1055 |
application, has not been convicted of, pleaded guilty to, or been | 1056 |
adjudicated a delinquent child for an act that if committed by an | 1057 |
adult would be a misdemeanor offense of violence other than a | 1058 |
misdemeanor violation of section 2921.33 of the Revised Code or a | 1059 |
violation of section 2903.13 of the Revised Code when the victim | 1060 |
of the violation is a peace officer, or a misdemeanor violation of | 1061 |
section 2923.1211 of the Revised Code. | 1062 |
(4)(a) If a sheriff determines that an applicant for a | 1098 |
license under this section does not meet the criteria described in | 1099 |
division (D)(1) of this section for reasons other than the | 1100 |
criminal records check conducted under section 311.41 of
the | 1101 |
Revised Code, the sheriff shall file a petition in the court
of | 1102 |
common pleas of the sheriff's county that requests the court to | 1103 |
review the applicant's application and supporting documentation | 1104 |
and other relevant information that the sheriff submits and that | 1105 |
was acquired in connection with the application and that requests | 1106 |
the court to authorize the sheriff to deny the requested license. | 1107 |
The sheriff shall serve the applicant with a copy of the petition | 1108 |
in the manner prescribed in the Rules of Civil Procedure for the | 1109 |
service of process regarding complaints. Upon the request of | 1110 |
either the sheriff or the applicant, the court shall promptly hold | 1111 |
a
hearing on the petition prior to making a determination under | 1112 |
division (D)(4)(b) of this section. | 1113 |
(b) If the court determines that the sheriff who filed a | 1114 |
petition under division (D)(4)(a) of this section established by | 1115 |
clear and convincing evidence that the applicant does not satisfy | 1116 |
the requirements described in division (D)(1) of this section for | 1117 |
reasons other than the criminal records check,
the court shall | 1118 |
authorize the sheriff to deny the requested
license. If the court | 1119 |
determines that the sheriff has not
sustained that burden of | 1120 |
proof, it shall order the sheriff to
issue the requested license | 1121 |
and to pay any reasonable attorney's fees incurred by the | 1122 |
applicant under division (D)(4) of this section. | 1123 |
(F) A licensee who wishes to renew a license to carry a | 1151 |
concealed handgun shall do so within thirty days after the | 1152 |
expiration date of
the license by filing with the sheriff of the | 1153 |
county in which the
applicant resides or with the sheriff of an | 1154 |
adjacent county an application for renewal of the license
obtained | 1155 |
pursuant to division (D) of this section, a new color
photograph | 1156 |
of the licensee that was taken within thirty days prior
to the | 1157 |
date of the renewal application, and a nonrefundable
license | 1158 |
renewal fee unless the fee is waived. The licensee is not required | 1159 |
to submit a new
competency certificate. | 1160 |
Upon receipt of a completed renewal application, color | 1161 |
photograph, and license renewal fee unless the fee is waived, a | 1162 |
sheriff shall conduct or
cause to be conducted the criminal | 1163 |
records check described in
section 311.41 of the
Revised Code.
The | 1164 |
sheriff
shall renew the license if
the sheriff determines that
the | 1165 |
applicant continues to satisfy the
requirements described in | 1166 |
division (D)(1) of this section. A
renewed license shall expire | 1167 |
four years after the date of issuance
and is subject to division | 1168 |
(E) of this section and sections
2923.126 and 2923.128 of the | 1169 |
Revised Code. A sheriff shall comply
with divisions (D)(2) to (5) | 1170 |
of this section when the
circumstances described in those | 1171 |
divisions apply to a requested
license renewal. | 1172 |
Sec. 2923.126. (A) A license to carry a concealed handgun | 1200 |
that is issued under section 2923.125 of the Revised Code shall | 1201 |
expire four years after the date of issuance. A licensee shall be | 1202 |
granted a grace period of thirty days after the licensee's license | 1203 |
expires during which the licensee's license remains valid. Except | 1204 |
as provided in
divisions (B) and (C) of this section, the licensee | 1205 |
may carry a concealed
handgun anywhere in this state if the | 1206 |
licensee also carries a
valid license and valid identification | 1207 |
when the licensee is in
actual possession of a concealed handgun. | 1208 |
The licensee shall give
notice of any change in the licensee's | 1209 |
residence address to the
sheriff who issued the license within | 1210 |
forty-five days after that
change. If a
law enforcement officer | 1211 |
approaches a stopped vehicle as the result of a traffic stop or a | 1212 |
stop for another law enforcement purpose and a licensee is the | 1213 |
driver or an occupant of that vehicle and if the licensee
is | 1214 |
carrying a concealed handgun at the time the officer approaches | 1215 |
the vehicle, the licensee shall promptly inform the officer that | 1216 |
the licensee has been issued a license to carry a concealed | 1217 |
handgun and that the licensee currently is carrying a concealed | 1218 |
handgun. | 1219 |
(1) The secured area of a police station, sheriff's office, | 1222 |
or state highway
patrol
station, premises controlled by the bureau | 1223 |
of criminal
identification and investigation, a state correctional | 1224 |
institution,
jail, workhouse, or other
detention facility, an | 1225 |
airport
passenger terminal, or an institution that is maintained, | 1226 |
operated, managed, and governed pursuant to division (A) of | 1227 |
section 5119.02 of the Revised Code or division (A)(1) of section | 1228 |
5123.03 of the Revised Code; | 1229 |
(C)(1) Nothing in this section shall negate or restrict a | 1249 |
rule,
policy, or practice of a private employer that is not a | 1250 |
private
college, university, or other institution of higher | 1251 |
education
concerning or
prohibiting the presence of firearms on | 1252 |
the private
employer's
premises or property, including motor | 1253 |
vehicles owned by
the private employer, except that a licensee may | 1254 |
keep a handgun in
a locked
motor vehicle that is not owned by the | 1255 |
private employer. Nothing in this
section shall require a private | 1256 |
employer
of that nature to adopt a
rule, policy,
or practice | 1257 |
concerning or
prohibiting the
presence
of firearms on
the private | 1258 |
employer's
premises or property,
including motor vehicles owned by | 1259 |
the private employer. | 1260 |
(2) A private employer shall be immune from liability in a | 1261 |
civil action for any injury, death, or loss to person or property | 1262 |
that allegedly was caused by or related to a licensee bringing a | 1263 |
handgun onto the premises or property of the private employer, | 1264 |
including motor vehicles owned by the private employer, unless the | 1265 |
private employer acted with malicious purpose. A private employer | 1266 |
is immune from liability in a civil action for any injury, death, | 1267 |
or loss to person or property that allegedly was caused by or | 1268 |
related to the private employer's decision to permit a licensee to | 1269 |
bring, or prohibit a licensee from bringing, a handgun onto the | 1270 |
premises or property of the private employer. As used in this | 1271 |
division, "private employer" includes a private college, | 1272 |
university, or other institution of higher education. | 1273 |
(3) The owner or person in control of private land or | 1274 |
premises, and a private person or entity leasing land or premises | 1275 |
owned by the state, the United States, or a political subdivision | 1276 |
of the state or the United States, may post a sign in a | 1277 |
conspicuous location on that land or on those premises prohibiting | 1278 |
persons from carrying firearms or concealed firearms on or onto | 1279 |
that land or those premises. A person who knowingly violates a | 1280 |
posted prohibition of that nature is guilty of criminal trespass | 1281 |
in violation of division (A)(4) of section 2911.21 of the Revised | 1282 |
Code and is guilty of a misdemeanor of the fourth degree. | 1283 |
Sec. 2923.127. (A) If a sheriff denies an application for a | 1291 |
license to carry a concealed handgun or denies the renewal of a | 1292 |
license to carry a concealed handgun as a result of the criminal | 1293 |
records check conducted pursuant to
section 311.41 of the
Revised | 1294 |
Code and if the
applicant believes the denial was based on | 1295 |
incorrect information
reported by the source the sheriff used in | 1296 |
conducting the criminal records check, the applicant may
file a | 1297 |
written
request with the source requesting the
source to conduct | 1298 |
another criminal records check with respect to
the applicant, to | 1299 |
correct all erroneous information in the
source's records that | 1300 |
relates to the applicant and that may be
relevant to the | 1301 |
applicant's eligibility for a license to carry a
concealed | 1302 |
handgun, and to transmit the corrected information to
the sheriff. | 1303 |
(B) If a court enters an order of the type described in | 1319 |
division (A) of this section, within twenty days after the source | 1320 |
transmits corrected information to the sheriff who denied the | 1321 |
issuance or renewal of the license, the destruction of records | 1322 |
provisions of divisions (B) and (C) of section 311.41 of the | 1323 |
Revised Code shall apply to the chief operating officer of the | 1324 |
source or an employee of
the source designated by that officer. | 1325 |
Sec. 2923.128. (A)(1) If a licensee holding a valid license | 1326 |
is arrested for or otherwise charged with an offense described in | 1327 |
division
(D)(1)(d) of section 2923.125 of the Revised
Code or with | 1328 |
a violation of section 2923.15 of the Revised Code or
becomes | 1329 |
subject to a temporary protection order issued pursuant to
section | 1330 |
2919.26 or 3113.31 of the Revised Code,
the
sheriff who
issued the | 1331 |
license shall suspend it and shall
comply
with division
(A)(3) of | 1332 |
this section upon becoming aware of
the
arrest, charge,
or | 1333 |
temporary protection order. | 1334 |
(2) A suspension under division (A)(1) of this section shall | 1335 |
be considered as beginning on the date that the licensee is | 1336 |
arrested for or otherwise charged with an offense described in | 1337 |
that division or on the date the appropriate court issued the | 1338 |
temporary protection order described in that division, | 1339 |
irrespective of when the sheriff notifies the
licensee under | 1340 |
division (A)(3) of this section. The suspension
shall end on the | 1341 |
date on which the charges are dismissed or the
licensee is found | 1342 |
not guilty of the offense described in division
(A)(1) of this | 1343 |
section or, subject to division (B) of this section, on the date | 1344 |
the appropriate court terminates the temporary protection order | 1345 |
described in that division. If the suspension so ends, the
sheriff | 1346 |
shall return the license to the licensee. | 1347 |
(3) Upon becoming aware of an arrest, charge, or temporary | 1348 |
protection order described in
division (A)(1) of this section with | 1349 |
respect to a licensee,
the
sheriff who issued the licensee's | 1350 |
license to carry a concealed
handgun shall notify the licensee, by | 1351 |
certified mail, return
receipt requested, at the licensee's last | 1352 |
known residence address
that the license has been suspended and | 1353 |
that the licensee is
required to
surrender the license at the | 1354 |
sheriff's office within
ten days of
the date on which the notice | 1355 |
was mailed. | 1356 |
(2) Upon becoming aware of any circumstance listed in | 1387 |
division (B)(1) of this section that applies to a particular | 1388 |
licensee, the sheriff who issued the license to carry a concealed | 1389 |
handgun to the licensee shall notify the licensee, by certified | 1390 |
mail, return receipt requested, at the licensee's last known | 1391 |
residence address that the license is subject to revocation and | 1392 |
that the licensee may come to the sheriff's office and contest the | 1393 |
sheriff's proposed revocation within fourteen days of the date on | 1394 |
which the notice was mailed. After the fourteen-day period and | 1395 |
after consideration of any information that the licensee provides | 1396 |
during that period, if the sheriff determines on the basis of the | 1397 |
information of which the sheriff is aware that the licensee is | 1398 |
described in division (B)(1) of this section and no longer | 1399 |
satisfies the requirements described in division (D)(1) of section | 1400 |
2923.125 of the Revised Code, the sheriff shall revoke the | 1401 |
license, notify the licensee of that fact, and require the | 1402 |
licensee to surrender the license. | 1403 |
Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the | 1404 |
bureau of criminal identification and investigation, the employees | 1405 |
of the bureau, the Ohio peace officer training commission, or the | 1406 |
employees of the commission make a good faith effort
in
performing | 1407 |
the duties imposed upon the sheriff, the
superintendent, the | 1408 |
bureau's employees, the commission, or the
commission's employees | 1409 |
by sections
109.731, 311.41, and 2923.124
to 2923.1212 of the | 1410 |
Revised Code, in addition to the
personal
immunity provided by | 1411 |
section 9.86 of the Revised Code or division
(A)(6) of section | 1412 |
2744.03
of the
Revised Code and the governmental
immunity of | 1413 |
sections
2744.02 and
2744.03 of the Revised Code and
in addition | 1414 |
to any other immunity
possessed by the bureau, the
commission, and | 1415 |
their employees, the
sheriff, the
sheriff's
office, the county in | 1416 |
which the sheriff
has
jurisdiction, the
bureau, the superintendent | 1417 |
of the bureau, the bureau's employees,
the
commission, and the | 1418 |
commission's employees are immune from
liability in a civil action | 1419 |
for
injury, death, or loss to person
or property that allegedly | 1420 |
was
caused by or related to any of the
following: | 1421 |
(4) A law enforcement agency that employs a peace officer is | 1448 |
immune from liability in a civil action to recover damages for | 1449 |
injury, death, or loss to person or property allegedly caused by | 1450 |
any act of that peace officer if the act occurred while the peace | 1451 |
officer carried a concealed handgun and was off duty and if the | 1452 |
act allegedly involved the peace officer's use of the concealed | 1453 |
handgun. Sections 9.86 and 9.87 of the Revised Code apply to any | 1454 |
civil action involving a peace officer's use of a concealed | 1455 |
handgun in the performance of the peace officer's duties while the | 1456 |
peace officer is off duty. | 1457 |
(B) Notwithstanding section 149.43 of the Revised Code, the | 1458 |
records that a sheriff keeps relative to the issuance, renewal, | 1459 |
suspension, or revocation of a license to carry a concealed | 1460 |
handgun, including, but not limited to, completed applications for | 1461 |
the issuance or renewal of a license, reports of criminal
records | 1462 |
checks under section 311.41 of the Revised Code, and applicants' | 1463 |
social security numbers and fingerprints that are obtained under | 1464 |
divisions (A)(1) and (2) of section 311.41 of the Revised Code, | 1465 |
are
confidential and are not
public records. No person shall | 1466 |
release
or otherwise disseminate records that are confidential | 1467 |
under this
division unless required to do so pursuant to a court | 1468 |
order. | 1469 |
(C) Each sheriff shall report to the Ohio peace officer | 1470 |
training commission the number of licenses to carry a concealed | 1471 |
handgun that the sheriff issued, renewed, suspended, revoked, or | 1472 |
denied during the previous quarter of the calendar year and the | 1473 |
number of applications for those licenses that were suspended in | 1474 |
accordance with division (D)(3) of section 2923.125 of the Revised | 1475 |
Code during the previous quarter of the calendar year. The
sheriff | 1476 |
shall not include in the report the name or any other
identifying | 1477 |
information of an applicant or licensee. The sheriff
shall report | 1478 |
that information in a manner that permits the
commission to | 1479 |
maintain the statistics described in division (D) of
section | 1480 |
109.731 of the Revised Code and to timely prepare the
statistical | 1481 |
report described in that division. This information is | 1482 |
confidential and is not a public record. No person shall release | 1483 |
or otherwise disseminate records that are confidential under this | 1484 |
division unless required to do so pursuant to a court order. | 1485 |
(3) I have never been convicted of or pleaded guilty to a crime
of | 1535 |
violence in the state of Ohio or elsewhere. I am of
sound | 1536 |
mind. I hereby certify that the statements contained
herein | 1537 |
are true and correct to the best of my knowledge and
belief. | 1538 |
I understand that if
I knowingly make any false
statements | 1539 |
herein
I am subject to penalties prescribed by law.
I | 1540 |
authorize the sheriff or the sheriff's designee to inspect | 1541 |
only those records or documents relevant to information | 1542 |
required
for this application. | 1543 |
Sec. 2923.1212.
(A) The following persons, boards, and | 1562 |
entities, or designees, shall post in the following locations a | 1563 |
sign that contains a statement in
substantially the
following | 1564 |
form:
"Unless otherwise authorized
by law, pursuant to
the Ohio | 1565 |
Revised Code, no person shall knowingly
possess, have
under the | 1566 |
person's control, convey, or attempt to
convey a deadly
weapon or | 1567 |
dangerous ordnance onto these
premises.": | 1568 |
(4) Each sheriff, chief
of police, or person in charge of | 1579 |
every county, multicounty,
municipal, municipal-county, or | 1580 |
multicounty-municipal jail or
workhouse, community-based | 1581 |
correctional facility, halfway house,
alternative residential | 1582 |
facility, or other local or state correctional
institution or | 1583 |
detention facility within the state, or that person's designee, in | 1584 |
a conspicuous location at that facility under
that
person's | 1585 |
charge; | 1586 |
(B) The following boards, bodies, and persons, or designees, | 1598 |
shall post in the following locations a sign that
contains a | 1599 |
statement in substantially
the following form:
"Unless
otherwise | 1600 |
authorized by law, pursuant to
Ohio Revised Code section
2923.122, | 1601 |
no
person shall knowingly possess, have under the
person's | 1602 |
control,
convey, or attempt to convey a deadly weapon or
dangerous | 1603 |
ordnance into a school safety zone.": | 1604 |
(3) The person is under indictment for or has been
convicted | 1627 |
of any offense involving the illegal possession, use,
sale, | 1628 |
administration, distribution, or trafficking in any drug of
abuse | 1629 |
or has been adjudicated a
delinquent child for the commission of | 1630 |
an offense that, if
committed by an adult, would have been an | 1631 |
offense involving the
illegal possession, use, sale, | 1632 |
administration, distribution, or trafficking in
any drug of abuse. | 1633 |
(4) Divisions (B) and (C) of this section
do not apply to a | 1718 |
person who transports or possesses a handgun
in a motor vehicle | 1719 |
and who, at the time of that transportation
or possession, is | 1720 |
carrying a valid license to carry a concealed
handgun issued to | 1721 |
the person under
section 2923.125 of the Revised
Code, unless the | 1722 |
person knowingly
is in a place described
in division (B) of | 1723 |
section 2923.126 of the
Revised Code. | 1724 |
Sec. 2929.14. (A) Except as provided in
division (C), | 1771 |
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this
section and except | 1772 |
in relation to an offense for which a sentence
of death or life | 1773 |
imprisonment is to be imposed, if the court
imposing a sentence | 1774 |
upon an offender for a felony elects or is
required to impose a | 1775 |
prison term on the offender pursuant to this
chapter and is not | 1776 |
prohibited by division (G)(1) of section 2929.13 of the
Revised | 1777 |
Code from imposing a prison term on the offender, the court shall | 1778 |
impose a definite prison term that shall
be one of the following: | 1779 |
(4) For a felony of the fourth degree, the prison term
shall | 1786 |
be six, seven, eight, nine, ten, eleven, twelve, thirteen, | 1787 |
fourteen, fifteen, sixteen, seventeen, or eighteen months. | 1788 |
(B) Except as provided in division (C),
(D)(1), (D)(2), | 1791 |
(D)(3), or (G) of this section, in section 2907.02
of the Revised | 1792 |
Code, or in Chapter
2925. of the Revised Code, if the court | 1793 |
imposing a sentence upon an offender for a felony elects or is | 1794 |
required to impose a prison term on the offender, the court shall | 1795 |
impose the shortest prison term authorized for the offense | 1796 |
pursuant to division (A) of this section, unless
one or more
of | 1797 |
the following applies: | 1798 |
(C) Except as provided in division (G) of this section or in | 1805 |
Chapter 2925. of
the Revised Code, the court imposing a sentence | 1806 |
upon an
offender for a felony may impose the longest prison term | 1807 |
authorized for the offense pursuant to division (A) of
this | 1808 |
section only upon offenders who committed the worst forms of
the | 1809 |
offense, upon offenders who pose the greatest likelihood of | 1810 |
committing future crimes, upon certain major drug offenders under | 1811 |
division (D)(3) of this section, and upon certain repeat
violent | 1812 |
offenders in accordance with division (D)(2) of
this section. | 1813 |
(b) If a
court imposes a prison term on
an
offender under | 1838 |
division (D)(1)(a) of this section, the prison
term shall not be | 1839 |
reduced pursuant to section 2929.20, section 2967.193,
or
any | 1840 |
other provision of Chapter 2967. or Chapter 5120. of the
Revised | 1841 |
Code. A court shall not
impose more than one prison term on an | 1842 |
offender under
division (D)(1)(a) of this section for felonies | 1843 |
committed as part of
the same act or transaction. | 1844 |
(c) Except as provided in division
(D)(1)(e)
of this
section, | 1845 |
if an offender who is convicted of or pleads
guilty to a
violation | 1846 |
of section 2923.161 of the
Revised
Code or to a felony
that | 1847 |
includes,
as an essential element, purposely or knowingly
causing | 1848 |
or
attempting to cause the death of or physical harm to
another, | 1849 |
also is convicted of or pleads guilty to a specification
of the | 1850 |
type described in section 2941.146 of the
Revised
Code that | 1851 |
charges the offender
with committing the offense by discharging a | 1852 |
firearm from a
motor vehicle other than a manufactured
home, the | 1853 |
court, after imposing
a prison term on the offender for the | 1854 |
violation of section
2923.161 of the Revised
Code or for the other | 1855 |
felony
offense under division (A), (D)(2), or (D)(3) of this | 1856 |
section, shall
impose an additional prison term of five years upon | 1857 |
the offender
that shall not be reduced pursuant to section | 1858 |
2929.20, section 2967.193, or
any other provision of Chapter 2967. | 1859 |
or Chapter 5120. of the Revised Code. A
court shall not impose | 1860 |
more than one additional prison term on an offender under
division | 1861 |
(D)(1)(c) of this section for felonies committed as
part of the | 1862 |
same
act or transaction. If a court imposes an additional prison | 1863 |
term on an
offender under division (D)(1)(c) of this section | 1864 |
relative to an offense, the court also shall
impose a prison term | 1865 |
under division
(D)(1)(a) of this section
relative to the same | 1866 |
offense, provided the criteria specified in that division
for | 1867 |
imposing an additional prison term are satisfied relative to the | 1868 |
offender
and the offense. | 1869 |
(d)
If an offender who is convicted of or pleads guilty to
an | 1870 |
offense
of violence that is a felony also is convicted of or | 1871 |
pleads guilty to a
specification of the type described in section | 1872 |
2941.1411 of the Revised Code that charges the
offender with | 1873 |
wearing or carrying body armor
while committing the felony offense | 1874 |
of violence, the court shall
impose on the offender a prison term | 1875 |
of two years. The prison
term so imposed shall not be reduced | 1876 |
pursuant to section 2929.20,
section 2967.193, or any other | 1877 |
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A | 1878 |
court shall not impose more
than one prison term
on an offender | 1879 |
under division
(D)(1)(d) of this section for
felonies committed as | 1880 |
part of
the same act or transaction. If a
court imposes an | 1881 |
additional prison
term under division (D)(1)(a)
or (c)
of this | 1882 |
section, the
court is not precluded from imposing
an additional | 1883 |
prison term under
division (D)(1)(d) of this
section. | 1884 |
(e) The court shall not impose any of the
prison terms | 1885 |
described in division
(D)(1)(a)
of this section or any of the | 1886 |
additional prison terms described in
division (D)(1)(c) of this | 1887 |
section upon an
offender for a
violation of section
2923.12 or | 1888 |
2923.123 of the Revised Code. The court shall not
impose any of | 1889 |
the prison terms described in
division
(D)(1)(a) of this section | 1890 |
or any of the additional prison terms
described in division | 1891 |
(D)(1)(c) of this section
upon an offender for a violation of | 1892 |
section 2923.13 of the
Revised Code unless all of the following | 1893 |
apply: | 1894 |
(2)(a) If an offender who is
convicted of or pleads guilty
to | 1900 |
a felony also is convicted of or pleads
guilty to a
specification | 1901 |
of the type described in section 2941.149 of the
Revised Code
that | 1902 |
the
offender is a repeat
violent offender, the
court shall
impose | 1903 |
a prison term from the range of terms
authorized for the offense | 1904 |
under division (A) of this section
that
may be the longest term in | 1905 |
the range and that shall not be reduced
pursuant to section | 1906 |
2929.20, section 2967.193, or
any other
provision of Chapter 2967. | 1907 |
or Chapter 5120. of the
Revised
Code.
If the court finds that the | 1908 |
repeat violent offender, in committing
the offense, caused any | 1909 |
physical harm that carried a substantial
risk of death to a
person | 1910 |
or that involved substantial permanent
incapacity or
substantial | 1911 |
permanent disfigurement of a person,
the
court shall impose the | 1912 |
longest prison term from the range of terms
authorized for the | 1913 |
offense under division (A) of this section. | 1914 |
(b) If the court imposing a prison term on a
repeat violent | 1915 |
offender imposes the longest prison term
from the range of terms | 1916 |
authorized for the offense under division
(A) of this section, the | 1917 |
court may impose on the offender
an additional definite prison | 1918 |
term of one, two, three, four,
five, six, seven, eight, nine, or | 1919 |
ten years if the court finds
that both of the following apply with | 1920 |
respect to the prison terms
imposed on the offender pursuant to | 1921 |
division
(D)(2)(a) of this section and, if
applicable, divisions | 1922 |
(D)(1) and (3) of this section: | 1923 |
(ii) The terms so imposed are demeaning to the
seriousness
of | 1930 |
the offense, because one or more of the factors
under section | 1931 |
2929.12 of the Revised Code
indicating that the offender's conduct | 1932 |
is more serious than conduct normally
constituting the offense are | 1933 |
present, and they outweigh the applicable
factors under that | 1934 |
section indicating that the offender's
conduct is
less serious | 1935 |
than conduct normally constituting the offense. | 1936 |
(3)(a) Except when an offender commits a
violation of
section | 1937 |
2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for | 1938 |
the
violation is life imprisonment or commits a
violation of | 1939 |
section
2903.02 of the Revised Code, if the offender
commits a | 1940 |
violation of section 2925.03 or 2925.11 of
the Revised
Code and | 1941 |
that section classifies the offender as a major drug
offender and | 1942 |
requires the
imposition of a ten-year prison term on
the offender, | 1943 |
if
the offender commits a felony violation of
section 2925.02, | 1944 |
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, | 1945 |
4729.37, or
4729.61, division (C) or (D) of
section 3719.172, | 1946 |
division
(C) of section 4729.51, or division (J)
of section | 1947 |
4729.54
of the Revised Code that includes the sale,
offer to sell, | 1948 |
or possession of a schedule
I or II controlled
substance, with the | 1949 |
exception of
marihuana, and the
court imposing
sentence upon the | 1950 |
offender finds
that the offender is guilty of a
specification of | 1951 |
the type
described in section 2941.1410 of the
Revised Code | 1952 |
charging
that the offender is a
major drug offender,
if the court | 1953 |
imposing sentence upon an offender for
a felony
finds
that the | 1954 |
offender is guilty
of corrupt activity with the
most
serious | 1955 |
offense in the pattern
of corrupt activity being a
felony
of the | 1956 |
first degree, or if the offender is guilty of
an attempted | 1957 |
violation of section 2907.02 of the Revised Code and, had the | 1958 |
offender completed the violation of section 2907.02 of the Revised | 1959 |
Code that was attempted, the offender would have been subject to a | 1960 |
sentence of life imprisonment or life imprisonment without parole | 1961 |
for the violation of section 2907.02 of the Revised Code, the | 1962 |
court shall
impose upon
the offender for the felony violation a | 1963 |
ten-year
prison term that
cannot be reduced pursuant to section | 1964 |
2929.20 or
Chapter
2967. or 5120. of the Revised Code. | 1965 |
(b) The court imposing a prison term on an
offender under | 1966 |
division (D)(3)(a) of this
section may impose an additional prison | 1967 |
term of one, two, three,
four, five, six, seven, eight, nine, or | 1968 |
ten years, if the court,
with respect to the term imposed under | 1969 |
division
(D)(3)(a) of this section and, if
applicable, divisions | 1970 |
(D)(1) and (2) of this section,
makes both of the findings set | 1971 |
forth in divisions
(D)(2)(b)(i) and (ii) of this section. | 1972 |
(4) If the offender is being sentenced for a third or fourth | 1973 |
degree felony
OMVI offense under division (G)(2) of section | 1974 |
2929.13 of the Revised
Code,
the sentencing court shall impose | 1975 |
upon the offender a mandatory prison term in
accordance with that | 1976 |
division. In addition to the mandatory prison term, the
sentencing | 1977 |
court may sentence the offender to an additional prison
term of | 1978 |
any
duration specified in division (A)(3) of this section
minus | 1979 |
the sixty or one
hundred twenty days imposed upon the
offender as | 1980 |
the mandatory prison term.
The total of the
additional prison term | 1981 |
imposed under division (D)(4) of this
section
plus the sixty or | 1982 |
one hundred twenty days imposed as the
mandatory prison term
shall | 1983 |
equal one of
the authorized prison
terms specified in division | 1984 |
(A)(3) of this section. If
the court
imposes an additional prison | 1985 |
term under division (D)(4) of this
section, the offender shall | 1986 |
serve the additional prison term after
the
offender has served the | 1987 |
mandatory prison term required for the
offense. The
court shall | 1988 |
not sentence the offender to a community
control sanction under | 1989 |
section 2929.16 or 2929.17 of the Revised
Code. | 1990 |
(E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a | 1991 |
mandatory prison term
is imposed
upon an offender pursuant to | 1992 |
division (D)(1)(a) of this
section for having a firearm on or | 1993 |
about the offender's person or under the
offender's
control while | 1994 |
committing a felony, if a mandatory prison term
is imposed
upon an | 1995 |
offender pursuant to division (D)(1)(c) of
this section for | 1996 |
committing a felony specified in that division by discharging
a | 1997 |
firearm from a motor vehicle, or if both types of mandatory prison | 1998 |
terms
are imposed, the offender shall serve
any mandatory prison | 1999 |
term
imposed under either division
consecutively to any other | 2000 |
mandatory prison term imposed under either division
or under | 2001 |
division (D)(1)(d) of this
section,
consecutively to and prior to | 2002 |
any prison term
imposed for the underlying felony pursuant to | 2003 |
division (A),
(D)(2), or (D)(3) of this section or any other | 2004 |
section of the Revised Code, and consecutively to any other prison | 2005 |
term
or
mandatory prison term previously or subsequently imposed | 2006 |
upon the
offender. | 2007 |
(b) If a mandatory prison term is imposed upon an offender | 2008 |
pursuant to division (D)(1)(d) of this section for
wearing or | 2009 |
carrying body armor while committing an offense of violence that | 2010 |
is a felony,
the offender shall serve the mandatory
term so | 2011 |
imposed consecutively to any other mandatory prison term
imposed | 2012 |
under that division or under division (D)(1)(a)
or (c) of
this | 2013 |
section, consecutively to and prior to any prison term imposed for | 2014 |
the underlying felony under division (A), (D)(2), or
(D)(3)
of | 2015 |
this section or any other section of the Revised Code, and | 2016 |
consecutively to any other
prison term or mandatory prison term | 2017 |
previously or subsequently
imposed upon the offender. | 2018 |
(2) If an offender who is an inmate in a jail, prison,
or | 2019 |
other residential detention facility violates section 2917.02, | 2020 |
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender | 2021 |
who is under detention at a detention facility commits a felony | 2022 |
violation of section 2923.131 of the Revised Code, or if an | 2023 |
offender who is an
inmate in a jail, prison, or other residential | 2024 |
detention facility or is under
detention at a detention facility | 2025 |
commits another felony while the offender is
an
escapee in | 2026 |
violation of
section 2921.34 of the Revised Code, any prison
term | 2027 |
imposed upon the offender for one of those violations
shall be | 2028 |
served by the offender consecutively to the prison term or term of | 2029 |
imprisonment the offender
was serving when the offender committed | 2030 |
that offense and to any other prison
term previously or | 2031 |
subsequently imposed upon the offender. | 2032 |
(3) If a prison term is imposed for a violation of division | 2033 |
(B) of section 2911.01 of the Revised
Code, a violation of | 2034 |
division (A) of section 2913.02 of the
Revised Code in which the | 2035 |
stolen property is a firearm or
dangerous ordnance, or if a prison | 2036 |
term is
imposed for a felony violation of division
(B) of section | 2037 |
2921.331
of the Revised Code, the offender shall serve that
prison | 2038 |
term
consecutively to any
other prison term or mandatory prison | 2039 |
term
previously or subsequently
imposed upon the offender. | 2040 |
(4) If multiple prison terms are imposed on an offender
for | 2041 |
convictions of multiple offenses, the court may require the | 2042 |
offender to serve the prison terms consecutively if the court | 2043 |
finds that the consecutive service is necessary to protect the | 2044 |
public from future crime or to punish the offender and that | 2045 |
consecutive sentences are not disproportionate to the seriousness | 2046 |
of the
offender's conduct and to the danger the offender
poses to | 2047 |
the public, and if the court also finds any
of the following: | 2048 |
(F) If a court imposes a prison term of a type
described in | 2066 |
division (B) of section 2967.28 of the
Revised Code, it shall | 2067 |
include in the sentence a
requirement that the offender be subject | 2068 |
to a period of
post-release control after the offender's release | 2069 |
from imprisonment, in
accordance with that division. If a court | 2070 |
imposes a prison term
of a type described in division (C) of that | 2071 |
section, it
shall include in the sentence a requirement that the | 2072 |
offender be
subject to a period of post-release control after the | 2073 |
offender's release
from imprisonment, in accordance with that | 2074 |
division, if the
parole board determines that a period of | 2075 |
post-release control is
necessary. | 2076 |
(G) If a person is convicted of or pleads guilty to a | 2077 |
sexually violent
offense and also is convicted of or pleads guilty | 2078 |
to a sexually violent
predator specification that was included in | 2079 |
the indictment, count in the
indictment, or information charging | 2080 |
that offense, the court shall impose
sentence upon the offender in | 2081 |
accordance with section 2971.03 of the Revised
Code, and Chapter | 2082 |
2971. of the Revised Code applies regarding the prison term
or | 2083 |
term of life imprisonment without parole imposed upon the offender | 2084 |
and the
service of that term of imprisonment. | 2085 |
(I) If an offender who is convicted of or pleads guilty to a | 2093 |
felony that is an offense of violence
also is convicted of or | 2094 |
pleads guilty to a specification of the
type described in section | 2095 |
2941.142 of the
Revised Code that charges the offender with having | 2096 |
committed
the felony while participating in a criminal gang, the | 2097 |
court shall impose upon
the offender an additional prison term of | 2098 |
one, two, or three years. | 2099 |
(J) If an offender who is convicted of or pleads guilty to | 2100 |
aggravated murder, murder, or a
felony of the first, second, or | 2101 |
third degree that is an
offense of violence also is convicted of | 2102 |
or pleads guilty to a
specification of the type described in | 2103 |
section 2941.143 of the
Revised
Code that charges the offender | 2104 |
with having committed the offense in a school safety
zone or | 2105 |
towards a person in a school safety zone, the court shall impose | 2106 |
upon the offender an additional prison term of two years. The | 2107 |
offender shall
serve the additional two years consecutively to and | 2108 |
prior to the prison term
imposed for the underlying offense. | 2109 |
(K) At the time of sentencing, the court
may recommend the | 2110 |
offender for
placement in a program of shock incarceration
under | 2111 |
section 5120.031 of the Revised Code or for
placement
in an | 2112 |
intensive program prison
under
section 5120.032 of the Revised | 2113 |
Code, disapprove placement of the
offender in a program of shock | 2114 |
incarceration or
an intensive
program
prison
of that nature, or | 2115 |
make
no recommendation on placement of
the offender.
In no case | 2116 |
shall
the department of rehabilitation and correction place the | 2117 |
offender
in a program or prison of that nature unless the | 2118 |
department
determines as specified in section 5120.031 or 5120.032 | 2119 |
of the
Revised Code, whichever is applicable, that the offender is | 2120 |
eligible for the placement. | 2121 |
If the court does not make a recommendation under this | 2138 |
division with
respect to an
offender
and if the
department | 2139 |
determines as specified in section 5120.031 or 5120.032
of the | 2140 |
Revised Code, whichever is applicable, that the offender is | 2141 |
eligible for placement in a program or prison of that nature, the | 2142 |
department shall screen the offender and
determine if there is an | 2143 |
available program of shock incarceration or an
intensive program | 2144 |
prison for which the offender is suited. If there is an
available | 2145 |
program of shock incarceration or an intensive program prison for | 2146 |
which the offender is suited, the department shall notify the | 2147 |
court of the
proposed placement of the offender
as specified in | 2148 |
section 5120.031 or 5120.032 of the Revised Code and shall include | 2149 |
with the notice a brief
description of the placement. The court | 2150 |
shall have ten days from receipt of
the notice to disapprove the | 2151 |
placement. | 2152 |
Sec. 2953.32. (A)(1) Except as provided in section
2953.61 | 2153 |
of the Revised Code, a first offender may apply to the
sentencing | 2154 |
court if convicted in this state, or to a court of
common pleas if | 2155 |
convicted in another state or in a federal court,
for the sealing | 2156 |
of the conviction record. Application
may be made at the | 2157 |
expiration of three years after the offender's final discharge if | 2158 |
convicted of a felony, or at the expiration of one year after the | 2159 |
offender's
final discharge if convicted of a misdemeanor. | 2160 |
(2) Any person who has been arrested for any misdemeanor | 2161 |
offense and who has effected a bail forfeiture may apply to the | 2162 |
court in which the misdemeanor criminal case was pending when
bail | 2163 |
was forfeited for the sealing of the record of the
case. Except
as | 2164 |
provided in section 2953.61 of the Revised Code, the
application | 2165 |
may be filed at any time after the expiration of one
year from the | 2166 |
date on which the bail forfeiture was entered upon
the minutes of | 2167 |
the court or the journal, whichever entry occurs
first. | 2168 |
(B) Upon the filing of an application under this section,
the | 2169 |
court shall set a date for a hearing and shall notify the | 2170 |
prosecutor for the case of the hearing on the application. The | 2171 |
prosecutor may object to the granting of the application by
filing | 2172 |
an objection with the court prior to the date set for the
hearing. | 2173 |
The prosecutor shall specify in the objection the
reasons for | 2174 |
believing a denial of the application is
justified.
The court | 2175 |
shall direct its regular probation officer, a state
probation | 2176 |
officer, or the department of probation of the county
in which the | 2177 |
applicant resides to make inquiries and written
reports as the | 2178 |
court requires concerning the applicant. | 2179 |
(a) Determine whether the applicant is a first offender or | 2181 |
whether the forfeiture of bail was agreed to by the applicant and | 2182 |
the prosecutor in the case. If the applicant applies as a
first | 2183 |
offender pursuant to division (A)(1) of this section and has
two | 2184 |
or three convictions that result from the same indictment, | 2185 |
information, or
complaint, from the same plea of guilty, or from | 2186 |
the same official proceeding,
and result from related criminal | 2187 |
acts that were committed within a three-month
period but do not | 2188 |
result from the same act or from offenses committed at the
same | 2189 |
time, in making its determination under this division, the court | 2190 |
initially shall determine whether it is not in the public interest | 2191 |
for the two
or three convictions to be counted as one conviction. | 2192 |
If the court determines
that it is not in the public interest for | 2193 |
the two or three convictions to be
counted as one conviction, the | 2194 |
court shall determine that the applicant is not
a first offender; | 2195 |
if the court does not make that determination, the court
shall | 2196 |
determine that the offender is a first offender. | 2197 |
(2) If the court determines, after complying with division | 2211 |
(C)(1) of this section, that the applicant is a first offender or | 2212 |
the subject of a bail forfeiture, that no criminal proceeding is | 2213 |
pending against the applicant, and that the interests of the | 2214 |
applicant in
having the records pertaining to the applicant's | 2215 |
conviction or bail
forfeiture sealed are not outweighed by any | 2216 |
legitimate
governmental needs to maintain those records, and that | 2217 |
the
rehabilitation of an applicant who is a first offender | 2218 |
applying
pursuant to division (A)(1) of this section has been | 2219 |
attained to
the satisfaction of the court, the court, except as | 2220 |
provided in
division (G) of this section, shall order all official | 2221 |
records
pertaining to the case sealed and, except as provided in | 2222 |
division
(F) of this section, all index references to the case | 2223 |
deleted
and, in the case of bail forfeitures, shall dismiss the | 2224 |
charges
in the case. The proceedings in the case shall be | 2225 |
considered not
to have occurred and the conviction or bail | 2226 |
forfeiture of the
person who is the subject of the proceedings | 2227 |
shall be sealed,
except that upon conviction of a subsequent | 2228 |
offense, the sealed
record of prior conviction or bail forfeiture | 2229 |
may be considered
by the court in determining the sentence or | 2230 |
other appropriate
disposition, including the relief provided for | 2231 |
in sections
2953.31 to 2953.33 of the Revised Code. | 2232 |
(3) Upon the filing of an application under this section,
the | 2233 |
applicant, unless indigent, shall pay a fee of
fifty
dollars.
The | 2234 |
court shall pay thirty dollars of the fee into the
state
treasury. | 2235 |
It shall pay twenty dollars of the fee into the
county
general | 2236 |
revenue fund if the sealed conviction or bail
forfeiture
was | 2237 |
pursuant to a state statute, or into the general
revenue fund
of | 2238 |
the municipal corporation involved if the sealed
conviction or | 2239 |
bail forfeiture was pursuant to a municipal
ordinance. | 2240 |
(F) The person or governmental agency, office, or
department | 2294 |
that maintains sealed records pertaining to
convictions or bail | 2295 |
forfeitures that have been sealed pursuant to
this section may | 2296 |
maintain a manual or computerized index to the
sealed records.
The | 2297 |
index shall contain only the name of, and
alphanumeric
identifiers | 2298 |
that relate to, the persons who are the
subject of the
sealed | 2299 |
records, the word
"sealed," and the name of
the person,
agency, | 2300 |
office, or department that has custody of the
sealed
records, and | 2301 |
shall not contain the name of the crime
committed.
The index shall | 2302 |
be made available by the person who
has custody of
the sealed | 2303 |
records only for the purposes set forth
in divisions
(C), (D), and | 2304 |
(E) of this section. | 2305 |
(G) Notwithstanding any provision of this section or
section | 2306 |
2953.33 of the Revised Code that requires otherwise, a
board of | 2307 |
education of a city, local, exempted village, or joint
vocational | 2308 |
school district that maintains records of an
individual who has | 2309 |
been permanently excluded under sections
3301.121 and 3313.662 of | 2310 |
the Revised Code is permitted to
maintain records regarding a | 2311 |
conviction that was used as the
basis for the individual's | 2312 |
permanent exclusion, regardless of a
court order to seal the | 2313 |
record. An order issued under this
section to seal the record of
a | 2314 |
conviction does not revoke the
adjudication order of the | 2315 |
superintendent of public instruction to
permanently exclude the | 2316 |
individual who is the subject of the
sealing order. An order | 2317 |
issued under this section to seal the
record of a conviction of an | 2318 |
individual may be presented to a
district superintendent as | 2319 |
evidence to support the contention
that the superintendent should | 2320 |
recommend that the permanent
exclusion of the individual who is | 2321 |
the subject of the sealing
order be revoked. Except as otherwise | 2322 |
authorized by this
division and sections 3301.121 and 3313.662 of | 2323 |
the Revised Code,
any school employee in possession of or having | 2324 |
access to the
sealed conviction records of an individual that were | 2325 |
the basis of
a permanent exclusion of the individual is subject to | 2326 |
section
2953.35 of the Revised Code. | 2327 |
Sec. 4749.10. (A) No class A, B, or C licensee and no | 2328 |
registered employee of a class A, B, or C licensee shall carry a | 2329 |
firearm, as defined in section 2923.11 of the Revised Code, in
the | 2330 |
course of engaging in the business of private investigation,
the | 2331 |
business of security services, or both businesses, unless all
of | 2332 |
the following apply: | 2333 |
(1) The licensee or employee either has successfully | 2334 |
completed a basic firearm
training program at a training school | 2335 |
approved by the Ohio peace
officer training commission, which | 2336 |
program includes twenty hours of
training in handgun use and, if | 2337 |
any firearm other than a handgun
is to be used, five hours of | 2338 |
training in the use of other
firearms, and has received a | 2339 |
certificate of satisfactory
completion of that program from the | 2340 |
executive director of the
commission; the licensee or employee | 2341 |
has, within three years prior to the effective date
of this | 2342 |
sectionNovember 27, 1985, satisfactorily completed firearms | 2343 |
training that
has been
approved by the commission as being | 2344 |
equivalent to such a
program
and has received written evidence of | 2345 |
approval of that
training
from the executive director of the | 2346 |
commission;
or the licensee or
employee is a
former peace officer, | 2347 |
as defined in section 109.71
of the Revised
Code, who previously | 2348 |
had successfully completed a
firearms
training course at a | 2349 |
training school approved by the Ohio
peace
officer training | 2350 |
commission and has received a certificate
or other
evidence of | 2351 |
satisfactory completion of that course from
the
executive director | 2352 |
of the commission. | 2353 |
(2) The licensee or employee submits an application to the | 2354 |
director of commerce, on a form prescribed by the director, in | 2355 |
which the
licensee or employee requests
registration as a class A, | 2356 |
B, or C licensee or employee who may
carry a firearm. The | 2357 |
application shall be accompanied by a copy
of the certificate or | 2358 |
the written evidence or other evidence
described in division | 2359 |
(A)(1) of this section, the identification
card issued pursuant to | 2360 |
section 4749.03 or 4749.06 of the Revised
Code if one has | 2361 |
previously been issued, a statement of the duties
that will be | 2362 |
performed while the licensee or employee is
armed, and a fee of | 2363 |
ten
dollars. In the case of a registered employee, the statement | 2364 |
shall be prepared by the employing class A, B, or C licensee. | 2365 |
(4) At any time within the immediately preceding
twelve-month | 2372 |
period, the licensee or employee has requalified
in
firearms use | 2373 |
on a
firearms training range at a firearms
requalification program | 2374 |
certified by the Ohio peace officer
training commission
or on a | 2375 |
firearms training range under the
supervision of an instructor | 2376 |
certified by the commission and has
received a
certificate of | 2377 |
satisfactory requalification from the
certified program or | 2378 |
certified instructor, provided that this
division does not apply | 2379 |
to any licensee or employee prior to the
expiration of eighteen | 2380 |
months after the licensee's or employee's
completion of the | 2381 |
program described in division (A)(1) of this
section. A | 2382 |
certificate of satisfactory requalification is valid
and remains | 2383 |
in effect for twelve months from the date of the
requalification. | 2384 |
(2) A firearms requalification training program or
instructor | 2396 |
certified by the commission for the annual
requalification of | 2397 |
class A, B, or C licensees or employees who
are
authorized to | 2398 |
carry a firearm under section 4749.10 of the
Revised
Code shall | 2399 |
award a certificate of satisfactory
requalification to
each class | 2400 |
A, B, or C licensee or registered
employee of a class
A, B, or C | 2401 |
licensee who satisfactorily
requalifies in firearms
training. The | 2402 |
certificate shall identify
the licensee or employee
and indicate | 2403 |
the date of the
requalification. A licensee or
employee who | 2404 |
receives such a
certificate shall submit a copy of it
to the | 2405 |
director of
commerce. A licensee shall submit the copy of
the | 2406 |
requalification certificate at the same time that the
licensee | 2407 |
makes
application for renewal of the licensee's class A, B, or C | 2408 |
license. The
director shall keep a record of all copies of | 2409 |
requalification
certificates the director receives under this | 2410 |
division and
shall establish
a procedure for the updating of | 2411 |
identification cards to provide
evidence of compliance with the | 2412 |
annual requalification
requirement. The procedure for the
updating | 2413 |
of identification
cards may provide for the issuance of a
new card | 2414 |
containing the
evidence, the entry of a new notation
containing | 2415 |
the evidence on
the existing card, the issuance of a
separate card | 2416 |
or paper
containing the evidence, or any other
procedure | 2417 |
determined by the
director to be reasonable. Each
person who is | 2418 |
issued a
requalification certificate under this
division promptly | 2419 |
shall
pay to the Ohio peace officer training
commission | 2420 |
established by
section 109.71 of the Revised Code a fee
of five | 2421 |
dollars, which
fee shall be transmitted to the treasurer
of state | 2422 |
for deposit in
the peace officer private security fund
established | 2423 |
by section
109.78 of the Revised Code. | 2424 |
(D) This section does not apply to officers, agents, or | 2448 |
employees of this or any other state or the United States, or to | 2449 |
law enforcement officers, authorized to carry deadly weapons or | 2450 |
dangerous ordnance and acting within the scope of their duties,
to | 2451 |
any security officer employed by a board of education or
governing | 2452 |
body of a school during the time that the security
officer is on | 2453 |
duty pursuant to that contract of employment, or to
any other | 2454 |
person who has written authorization from the board of
education | 2455 |
or governing body of a school to convey deadly weapons
or | 2456 |
dangerous ordnance into a school
safety zone or to
possess a | 2457 |
deadly weapon or dangerous ordnance in a
school
safety zone and | 2458 |
who conveys or possesses the deadly weapon or dangerous ordnance | 2459 |
in accordance
with that authorization. | 2460 |
Division (C) of this section does not apply to
premises upon | 2461 |
which home schooling is conducted. Division (C) of
this section | 2462 |
also does not apply to a school administrator, teacher, or | 2463 |
employee who possesses an object that is indistinguishable from a | 2464 |
firearm for
legitimate school purposes during the course of | 2465 |
employment, a student who uses
an object that is indistinguishable | 2466 |
from a firearm under the direction of a
school administrator, | 2467 |
teacher, or employee, or any other person who with the
express | 2468 |
prior approval of a school administrator possesses
an object that | 2469 |
is indistinguishable from a firearm for a legitimate purpose, | 2470 |
including the use of the object in a ceremonial activity, a play, | 2471 |
reenactment,
or other dramatic presentation, or a ROTC activity or | 2472 |
another similar
use of the object. | 2473 |
This section does not apply to a person who, at the time of | 2474 |
conveying or attempting to convey a handgun into, or possessing a | 2475 |
handgun in, a school safety zone, is carrying a valid license to | 2476 |
carry a concealed handgun issued to the person under section | 2477 |
2923.125 of the Revised Code and is in the school safety zone in | 2478 |
accordance with 18 U.S.C. 922(q)(2)(B), unless the person | 2479 |
knowingly is in a place described in division (B) of section | 2480 |
2923.126 of the Revised Code. | 2481 |
(E)(1) Whoever violates division (A)
or (B) of this section | 2482 |
is guilty of illegal
conveyance or possession of a deadly weapon | 2483 |
or
dangerous ordnance
in a school safety zone.
Except as
otherwise | 2484 |
provided in this division, illegal conveyance or
possession of a | 2485 |
deadly weapon or dangerous
ordnance in a school
safety zone is a | 2486 |
felony of the fifth degree. If the
offender
previously has been | 2487 |
convicted of a violation of this section,
illegal conveyance or | 2488 |
possession of a deadly
weapon or dangerous
ordnance in a school | 2489 |
safety zone is a
felony of the fourth degree. | 2490 |
(2) Whoever violates division (C) of this section is
guilty | 2491 |
of illegal possession of an object indistinguishable from a | 2492 |
firearm
in a
school
safety zone. Except as otherwise provided in | 2493 |
this
division, illegal possession
of an object indistinguishable | 2494 |
from a firearm in a school
safety zone is a misdemeanor of the | 2495 |
first degree. If
the offender previously has
been convicted of a | 2496 |
violation of this section, illegal possession of an object | 2497 |
indistinguishable from a firearm in a school
safety zone is a | 2498 |
felony of the fifth
degree. | 2499 |
(F)(1) In addition to any other penalty imposed upon a
person | 2500 |
who
is convicted of or pleads guilty to a violation
of this | 2501 |
section and subject to division (F)(2) of this
section, if the | 2502 |
offender has not attained nineteen years of age, regardless of | 2503 |
whether the
offender is attending or is enrolled in a school | 2504 |
operated by a board of
education or for which the state board of | 2505 |
education prescribes minimum
standards under section 3301.07 of | 2506 |
the Revised Code, the
court shall impose upon the offender a
class | 2507 |
four suspension
of the
offender's probationary
driver's
license, | 2508 |
restricted
license, driver's license,
commercial
driver's license, | 2509 |
temporary
instruction permit, or probationary
commercial
driver's | 2510 |
license
that then is in effect from the
range specified in | 2511 |
division
(A)(4) of section
4510.02 of the Revised Code and
shall | 2512 |
deny
the
offender the
issuance of
any
permit
or license of that | 2513 |
type
during the
period
of
the
suspension. | 2514 |
(2) If the offender shows good cause why the court should
not | 2519 |
suspend
one of the types of licenses, permits, or
privileges | 2520 |
specified
in division (F)(1) of this section or deny
the issuance | 2521 |
of one of the
temporary
instruction permits specified
in that | 2522 |
division, the court in its discretion
may choose not to
impose the | 2523 |
suspension, revocation, or denial required in
that
division. | 2524 |
Sec. 2929.14. (A) Except as provided in
division (C), | 2530 |
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this
section and except | 2531 |
in relation to an offense for which a sentence
of death or life | 2532 |
imprisonment is to be imposed, if the court
imposing a sentence | 2533 |
upon an offender for a felony elects or is
required to impose a | 2534 |
prison term on the offender pursuant to this
chapter and is not | 2535 |
prohibited by division (G)(1) of section 2929.13 of the
Revised | 2536 |
Code from imposing a prison term on the offender, the court shall | 2537 |
impose a definite prison term that shall
be one of the following: | 2538 |
(4) For a felony of the fourth degree, the prison term
shall | 2545 |
be six, seven, eight, nine, ten, eleven, twelve, thirteen, | 2546 |
fourteen, fifteen, sixteen, seventeen, or eighteen months. | 2547 |
(B) Except as provided in division (C),
(D)(1), (D)(2), | 2550 |
(D)(3), or (G) of this section, in section 2907.02
of the Revised | 2551 |
Code, or in Chapter
2925. of the Revised Code, if the court | 2552 |
imposing a sentence upon an offender for a felony elects or is | 2553 |
required to impose a prison term on the offender, the court shall | 2554 |
impose the shortest prison term authorized for the offense | 2555 |
pursuant to division (A) of this section, unless
one or more
of | 2556 |
the following applies: | 2557 |
(C) Except as provided in division (G) of this section or in | 2564 |
Chapter 2925. of
the Revised Code, the court imposing a sentence | 2565 |
upon an
offender for a felony may impose the longest prison term | 2566 |
authorized for the offense pursuant to division (A) of
this | 2567 |
section only upon offenders who committed the worst forms of
the | 2568 |
offense, upon offenders who pose the greatest likelihood of | 2569 |
committing future crimes, upon certain major drug offenders under | 2570 |
division (D)(3) of this section, and upon certain repeat
violent | 2571 |
offenders in accordance with division (D)(2) of
this section. | 2572 |
(b) If a
court imposes a prison term on
an
offender under | 2597 |
division (D)(1)(a) of this section, the prison
term shall not be | 2598 |
reduced pursuant to section 2929.20, section 2967.193,
or
any | 2599 |
other provision of Chapter 2967. or Chapter 5120. of the
Revised | 2600 |
Code. A court shall not
impose more than one prison term on an | 2601 |
offender under
division (D)(1)(a) of this section for felonies | 2602 |
committed as part of
the same act or transaction. | 2603 |
(c) Except as provided in division
(D)(1)(e)
of this
section, | 2604 |
if an offender who is convicted of or pleads
guilty to a
violation | 2605 |
of section 2923.161 of the
Revised
Code or to a felony
that | 2606 |
includes,
as an essential element, purposely or knowingly
causing | 2607 |
or
attempting to cause the death of or physical harm to
another, | 2608 |
also is convicted of or pleads guilty to a specification
of the | 2609 |
type described in section 2941.146 of the
Revised
Code that | 2610 |
charges the offender
with committing the offense by discharging a | 2611 |
firearm from a
motor vehicle other than a manufactured
home, the | 2612 |
court, after imposing
a prison term on the offender for the | 2613 |
violation of section
2923.161 of the Revised
Code or for the other | 2614 |
felony
offense under division (A), (D)(2), or (D)(3) of this | 2615 |
section, shall
impose an additional prison term of five years upon | 2616 |
the offender
that shall not be reduced pursuant to section | 2617 |
2929.20, section 2967.193, or
any other provision of Chapter 2967. | 2618 |
or Chapter 5120. of the Revised Code. A
court shall not impose | 2619 |
more than one additional prison term on an offender under
division | 2620 |
(D)(1)(c) of this section for felonies committed as
part of the | 2621 |
same
act or transaction. If a court imposes an additional prison | 2622 |
term on an
offender under division (D)(1)(c) of this section | 2623 |
relative to an offense, the court also shall
impose a prison term | 2624 |
under division
(D)(1)(a) of this section
relative to the same | 2625 |
offense, provided the criteria specified in that division
for | 2626 |
imposing an additional prison term are satisfied relative to the | 2627 |
offender
and the offense. | 2628 |
(d)
If an offender who is convicted of or pleads guilty to
an | 2629 |
offense
of violence that is a felony also is convicted of or | 2630 |
pleads guilty to a
specification of the type described in section | 2631 |
2941.1411 of the Revised Code that charges the
offender with | 2632 |
wearing or carrying body armor
while committing the felony offense | 2633 |
of violence, the court shall
impose on the offender a prison term | 2634 |
of two years. The prison
term so imposed shall not be reduced | 2635 |
pursuant to section 2929.20,
section 2967.193, or any other | 2636 |
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A | 2637 |
court shall not impose more
than one prison term
on an offender | 2638 |
under division
(D)(1)(d) of this section for
felonies committed as | 2639 |
part of
the same act or transaction. If a
court imposes an | 2640 |
additional prison
term under division (D)(1)(a)
or (c)
of this | 2641 |
section, the
court is not precluded from imposing
an additional | 2642 |
prison term under
division (D)(1)(d) of this
section. | 2643 |
(e) The court shall not impose any of the
prison terms | 2644 |
described in division
(D)(1)(a)
of this section or any of the | 2645 |
additional prison terms described in
division (D)(1)(c) of this | 2646 |
section upon an
offender for a
violation of section
2923.12 or | 2647 |
2923.123 of the Revised Code. The court shall not
impose any of | 2648 |
the prison terms described in
division
(D)(1)(a) of this section | 2649 |
or any of the additional prison terms
described in division | 2650 |
(D)(1)(c) of this section
upon an offender for a violation of | 2651 |
section 2923.13 of the
Revised Code unless all of the following | 2652 |
apply: | 2653 |
(2)(a) If an offender who is
convicted of or pleads guilty
to | 2659 |
a felony also is convicted of or pleads
guilty to a
specification | 2660 |
of the type described in section 2941.149 of the
Revised Code
that | 2661 |
the
offender is a repeat
violent offender, the
court shall
impose | 2662 |
a prison term from the range of terms
authorized for the offense | 2663 |
under division (A) of this section
that
may be the longest term in | 2664 |
the range and that shall not be reduced
pursuant to section | 2665 |
2929.20, section 2967.193, or
any other
provision of Chapter 2967. | 2666 |
or Chapter 5120. of the
Revised
Code.
If the court finds that the | 2667 |
repeat violent offender, in committing
the offense, caused any | 2668 |
physical harm that carried a substantial
risk of death to a
person | 2669 |
or that involved substantial permanent
incapacity or
substantial | 2670 |
permanent disfigurement of a person,
the
court shall impose the | 2671 |
longest prison term from the range of terms
authorized for the | 2672 |
offense under division (A) of this section. | 2673 |
(b) If the court imposing a prison term on a
repeat violent | 2674 |
offender imposes the longest prison term
from the range of terms | 2675 |
authorized for the offense under division
(A) of this section, the | 2676 |
court may impose on the offender
an additional definite prison | 2677 |
term of one, two, three, four,
five, six, seven, eight, nine, or | 2678 |
ten years if the court finds
that both of the following apply with | 2679 |
respect to the prison terms
imposed on the offender pursuant to | 2680 |
division
(D)(2)(a) of this section and, if
applicable, divisions | 2681 |
(D)(1) and (3) of this section: | 2682 |
(ii) The terms so imposed are demeaning to the
seriousness
of | 2689 |
the offense, because one or more of the factors
under section | 2690 |
2929.12 of the Revised Code
indicating that the offender's conduct | 2691 |
is more serious than conduct normally
constituting the offense are | 2692 |
present, and they outweigh the applicable
factors under that | 2693 |
section indicating that the offender's
conduct is
less serious | 2694 |
than conduct normally constituting the offense. | 2695 |
(3)(a) Except when an offender commits a
violation of
section | 2696 |
2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for | 2697 |
the
violation is life imprisonment or commits a
violation of | 2698 |
section
2903.02 of the Revised Code, if the offender
commits a | 2699 |
violation of section 2925.03 or 2925.11 of
the Revised
Code and | 2700 |
that section classifies the offender as a major drug
offender and | 2701 |
requires the
imposition of a ten-year prison term on
the offender, | 2702 |
if
the offender commits a felony violation of
section 2925.02, | 2703 |
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, | 2704 |
4729.37, or
4729.61, division (C) or (D) of
section 3719.172, | 2705 |
division
(C) of section 4729.51, or division (J)
of section | 2706 |
4729.54
of the Revised Code that includes the sale,
offer to sell, | 2707 |
or possession of a schedule
I or II controlled
substance, with the | 2708 |
exception of
marihuana, and the
court imposing
sentence upon the | 2709 |
offender finds
that the offender is guilty of a
specification of | 2710 |
the type
described in section 2941.1410 of the
Revised Code | 2711 |
charging
that the offender is a
major drug offender,
if the court | 2712 |
imposing sentence upon an offender for
a felony
finds
that the | 2713 |
offender is guilty
of corrupt activity with the
most
serious | 2714 |
offense in the pattern
of corrupt activity being a
felony
of the | 2715 |
first degree, or if the offender is guilty of
an attempted | 2716 |
violation of section 2907.02 of the Revised Code and, had the | 2717 |
offender completed the violation of section 2907.02 of the Revised | 2718 |
Code that was attempted, the offender would have been subject to a | 2719 |
sentence of life imprisonment or life imprisonment without parole | 2720 |
for the violation of section 2907.02 of the Revised Code, the | 2721 |
court shall
impose upon
the offender for the felony violation a | 2722 |
ten-year
prison term that
cannot be reduced pursuant to section | 2723 |
2929.20 or
Chapter
2967. or 5120. of the Revised Code. | 2724 |
(b) The court imposing a prison term on an
offender under | 2725 |
division (D)(3)(a) of this
section may impose an additional prison | 2726 |
term of one, two, three,
four, five, six, seven, eight, nine, or | 2727 |
ten years, if the court,
with respect to the term imposed under | 2728 |
division
(D)(3)(a) of this section and, if
applicable, divisions | 2729 |
(D)(1) and (2) of this section,
makes both of the findings set | 2730 |
forth in divisions
(D)(2)(b)(i) and (ii) of this section. | 2731 |
(4) If the offender is being sentenced for a third or fourth | 2732 |
degree felony
OVI offense under division (G)(2) of section
2929.13 | 2733 |
of the Revised
Code,
the sentencing court shall impose
upon the | 2734 |
offender a mandatory prison term in
accordance with that
division. | 2735 |
In addition to the mandatory prison term, if the offender is being | 2736 |
sentenced for a fourth degree felony OVI offense, the court, | 2737 |
notwithstanding division (A)(4) of this section, may sentence the | 2738 |
offender to a definite prison term of not less than six months and | 2739 |
not more than thirty months, and if the offender is being | 2740 |
sentenced for a third degree felony OVI offense, the
sentencing | 2741 |
court may sentence the offender to an additional prison
term of | 2742 |
any
duration specified in division (A)(3) of this section. In | 2743 |
either case, the additional prison term imposed shall be reduced | 2744 |
by the sixty or one
hundred twenty days imposed upon the
offender | 2745 |
as the mandatory prison term.
The total of the
additional prison | 2746 |
term imposed under division (D)(4) of this
section
plus the sixty | 2747 |
or one hundred twenty days imposed as the
mandatory prison term | 2748 |
shall equal a definite term in the range of six months to thirty | 2749 |
months for a fourth degree felony OVI offense and shall equal one | 2750 |
of
the authorized prison
terms specified in division (A)(3) of | 2751 |
this section for a third degree felony OVI offense. If
the court | 2752 |
imposes an additional prison term under division (D)(4) of this | 2753 |
section, the offender shall serve the additional prison term after | 2754 |
the
offender has served the mandatory prison term required for the | 2755 |
offense. The
court shall not sentence the offender to a community | 2756 |
control sanction under
section 2929.16 or 2929.17 of the Revised | 2757 |
Code. | 2758 |
(E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a | 2759 |
mandatory prison term
is imposed
upon an offender pursuant to | 2760 |
division (D)(1)(a) of this
section for having a firearm on or | 2761 |
about the offender's person or under the
offender's
control while | 2762 |
committing a felony, if a mandatory prison term
is imposed
upon an | 2763 |
offender pursuant to division (D)(1)(c) of
this section for | 2764 |
committing a felony specified in that division by discharging
a | 2765 |
firearm from a motor vehicle, or if both types of mandatory prison | 2766 |
terms
are imposed, the offender shall serve
any mandatory prison | 2767 |
term
imposed under either division
consecutively to any other | 2768 |
mandatory prison term imposed under either division
or under | 2769 |
division (D)(1)(d) of this
section,
consecutively to and prior to | 2770 |
any prison term
imposed for the underlying felony pursuant to | 2771 |
division (A),
(D)(2), or (D)(3) of this section or any other | 2772 |
section of the Revised Code, and consecutively to any other prison | 2773 |
term
or
mandatory prison term previously or subsequently imposed | 2774 |
upon the
offender. | 2775 |
(b) If a mandatory prison term is imposed upon an offender | 2776 |
pursuant to division (D)(1)(d) of this section for
wearing or | 2777 |
carrying body armor while committing an offense of violence that | 2778 |
is a felony,
the offender shall serve the mandatory
term so | 2779 |
imposed consecutively to any other mandatory prison term
imposed | 2780 |
under that division or under division (D)(1)(a)
or (c) of
this | 2781 |
section, consecutively to and prior to any prison term imposed for | 2782 |
the underlying felony under division (A), (D)(2), or
(D)(3)
of | 2783 |
this section or any other section of the Revised Code, and | 2784 |
consecutively to any other
prison term or mandatory prison term | 2785 |
previously or subsequently
imposed upon the offender. | 2786 |
(2) If an offender who is an inmate in a jail, prison,
or | 2787 |
other residential detention facility violates section 2917.02, | 2788 |
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender | 2789 |
who is under detention at a detention facility commits a felony | 2790 |
violation of section 2923.131 of the Revised Code, or if an | 2791 |
offender who is an
inmate in a jail, prison, or other residential | 2792 |
detention facility or is under
detention at a detention facility | 2793 |
commits another felony while the offender is
an
escapee in | 2794 |
violation of
section 2921.34 of the Revised Code, any prison
term | 2795 |
imposed upon the offender for one of those violations
shall be | 2796 |
served by the offender consecutively to the prison term or term of | 2797 |
imprisonment the offender
was serving when the offender committed | 2798 |
that offense and to any other prison
term previously or | 2799 |
subsequently imposed upon the offender. | 2800 |
(3) If a prison term is imposed for a violation of division | 2801 |
(B) of section 2911.01 of the Revised
Code, a violation of | 2802 |
division (A) of section 2913.02 of the
Revised Code in which the | 2803 |
stolen property is a firearm or
dangerous ordnance, or if a prison | 2804 |
term is
imposed for a felony
violation of division
(B) of section | 2805 |
2921.331
of the Revised Code,
the offender shall serve that
prison | 2806 |
term
consecutively to any
other prison term or mandatory prison | 2807 |
term
previously or
subsequently
imposed upon the offender. | 2808 |
(4) If multiple prison terms are imposed on an offender
for | 2809 |
convictions of multiple offenses, the court may require the | 2810 |
offender to serve the prison terms consecutively if the court | 2811 |
finds that the consecutive service is necessary to protect the | 2812 |
public from future crime or to punish the offender and that | 2813 |
consecutive sentences are not disproportionate to the seriousness | 2814 |
of the
offender's conduct and to the danger the offender
poses to | 2815 |
the public, and if the court also finds any
of the following: | 2816 |
(F) If a court imposes a prison term of a type
described in | 2834 |
division (B) of section 2967.28 of the
Revised Code, it shall | 2835 |
include in the sentence a
requirement that the offender be subject | 2836 |
to a period of
post-release control after the offender's release | 2837 |
from imprisonment, in
accordance with that division. If a court | 2838 |
imposes a prison term
of a type described in division (C) of that | 2839 |
section, it
shall include in the sentence a requirement that the | 2840 |
offender be
subject to a period of post-release control after the | 2841 |
offender's release
from imprisonment, in accordance with that | 2842 |
division, if the
parole board determines that a period of | 2843 |
post-release control is
necessary. | 2844 |
(G) If a person is convicted of or pleads guilty to a | 2845 |
sexually violent
offense and also is convicted of or pleads guilty | 2846 |
to a sexually violent
predator specification that was included in | 2847 |
the indictment, count in the
indictment, or information charging | 2848 |
that offense, the court shall impose
sentence upon the offender in | 2849 |
accordance with section 2971.03 of the Revised
Code, and Chapter | 2850 |
2971. of the Revised Code applies regarding the prison term
or | 2851 |
term of life imprisonment without parole imposed upon the offender | 2852 |
and the
service of that term of imprisonment. | 2853 |
(I) If an offender who is convicted of or pleads guilty to a | 2861 |
felony that is an offense of violence
also is convicted of or | 2862 |
pleads guilty to a specification of the
type described in section | 2863 |
2941.142 of the
Revised Code that charges the offender with having | 2864 |
committed
the felony while participating in a criminal gang, the | 2865 |
court shall impose upon
the offender an additional prison term of | 2866 |
one, two, or three years. | 2867 |
(J) If an offender who is convicted of or pleads guilty to | 2868 |
aggravated murder, murder, or a
felony of the first, second, or | 2869 |
third degree that is an
offense of violence also is convicted of | 2870 |
or pleads guilty to a
specification of the type described in | 2871 |
section 2941.143 of the
Revised
Code that charges the offender | 2872 |
with having committed the offense in a school safety
zone or | 2873 |
towards a person in a school safety zone, the court shall impose | 2874 |
upon the offender an additional prison term of two years. The | 2875 |
offender shall
serve the additional two years consecutively to and | 2876 |
prior to the prison term
imposed for the underlying offense. | 2877 |
(K) At the time of sentencing, the court
may recommend the | 2878 |
offender for
placement in a program of shock incarceration
under | 2879 |
section 5120.031 of the Revised Code or for
placement
in an | 2880 |
intensive program prison
under
section 5120.032 of the Revised | 2881 |
Code, disapprove placement of the
offender in a program of shock | 2882 |
incarceration or
an intensive
program
prison
of that nature, or | 2883 |
make
no recommendation on placement of
the offender.
In no case | 2884 |
shall
the department of rehabilitation and correction place the | 2885 |
offender
in a program or prison of that nature unless the | 2886 |
department
determines as specified in section 5120.031 or 5120.032 | 2887 |
of the
Revised Code, whichever is applicable, that the offender is | 2888 |
eligible for the placement. | 2889 |
If the court does not make a recommendation under this | 2906 |
division with
respect to an
offender
and if the
department | 2907 |
determines as specified in section 5120.031 or 5120.032
of the | 2908 |
Revised Code, whichever is applicable, that the offender is | 2909 |
eligible for placement in a program or prison of that nature, the | 2910 |
department shall screen the offender and
determine if there is an | 2911 |
available program of shock incarceration or an
intensive program | 2912 |
prison for which the offender is suited. If there is an
available | 2913 |
program of shock incarceration or an intensive program prison for | 2914 |
which the offender is suited, the department shall notify the | 2915 |
court of the
proposed placement of the offender
as specified in | 2916 |
section 5120.031 or 5120.032 of the Revised Code and shall include | 2917 |
with the notice a brief
description of the placement. The court | 2918 |
shall have ten days from receipt of
the notice to disapprove the | 2919 |
placement. | 2920 |
Section 6. In amending sections 1547.69, 2911.21, 2921.13, | 2925 |
2923.12,
2923.121, 2923.123, 2923.13,
2923.16, 2953.32, and | 2926 |
4749.10 of the Revised
Code and
in enacting
sections 109.731, | 2927 |
311.41, 311.42, and
2923.124 to
2923.1212 of
the
Revised Code in | 2928 |
this act, the
General
Assembly
hereby declares
its
intent to | 2929 |
recognize both of
the
following: | 2930 |
Section 7. In enacting sections 109.731, 311.41,
311.42, and | 2940 |
2923.124 to 2923.1212 of the Revised Code in this act
and in | 2941 |
amending
sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, | 2942 |
2923.123, 2923.13,
2923.16,
2953.32, and 4749.10 of the
Revised | 2943 |
Code in this act
relative to
licenses
to carry a
concealed | 2944 |
handgun, the General
Assembly hereby
declares
that it
is not its | 2945 |
intent to declare or
otherwise give
the
impression
that, prior to | 2946 |
the effective date of
this act, an
individual did
not have an | 2947 |
inalienable and
fundamental right, or a
right under
the Ohio | 2948 |
Constitution or the
United States
Constitution, to
carry a | 2949 |
concealed handgun or other
firearm for
the defense of
the | 2950 |
individual's person or a member of
the
individual's family
while | 2951 |
engaged in lawful activity. Further,
the
General Assembly declares | 2952 |
that it is not its intent to
invalidate
any prior convictions for | 2953 |
violating any section of the
Revised
Code or a municipal ordinance | 2954 |
prior to the effective date
of this
act or to prevent the | 2955 |
prosecution of any violation
committed prior
to the effective date | 2956 |
of this act.
| 2957 |
Section 8. Within thirty days after the effective date of | 2958 |
this act, the Ohio Peace Officer Training Commission shall submit | 2959 |
the rules required
under section 109.731 of the Revised Code to | 2960 |
the Joint Committee on
Agency Rule Review. Within thirty days | 2961 |
after those rules take
effect, the Commission shall
prepare and | 2962 |
make
available to
the
sheriffs of this state the
application and | 2963 |
license forms
described in division (A) of section
109.731 of the | 2964 |
Revised
Code
and the Ohio firearms laws pamphlet
described in | 2965 |
division
(B) of that section and shall prescribe the license fee | 2966 |
described in division (C) of that section. The Commission
shall | 2967 |
submit
its first
annual
statistical report described in
division | 2968 |
(D) of
that
section not
later than fifteen months after
the | 2969 |
effective
date
of this act. | 2970 |
Section 9. It is the intent of the General Assembly in | 2971 |
amending sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, | 2972 |
2923.123,
2923.16, 2953.32, and 4749.10 and enacting sections | 2973 |
109.731,
311.41,
311.42, and 2923.124 to 2923.1212 of the Revised | 2974 |
Code to
enact
laws of a general nature. No municipal corporation | 2975 |
may
adopt or
continue in existence any ordinance, and no township | 2976 |
may
adopt or
continue in existence, any resolution that is in | 2977 |
conflict
with
those sections. | 2978 |
Section 10. If any provision of sections 1547.69, 2911.21, | 2979 |
2913.02,
2921.13, 2923.12, 2923.121, 2923.123, 2923.16, 2929.14, | 2980 |
2953.32,
and 4749.10 of the Revised Code, as amended by this act, | 2981 |
any
provision of sections 109.731, 311.41, 311.42, 2923.124, | 2982 |
2923.125,
2923.126, 2923.127, 2923.128, 2923.129, 2923.1210, | 2983 |
2923.1211, and
2923.1212 of the Revised Code, as enacted by this | 2984 |
act, or the
application of any provision of those sections to any | 2985 |
person or
circumstance is held invalid, the invalidity does not | 2986 |
affect other
provisions or applications of the particular section | 2987 |
or related
sections that can be given effect without the invalid | 2988 |
provision or
application, and to this end the provisions of the | 2989 |
particular
section are severable. | 2990 |
Section 11. (A) Section 2929.14 of the Revised Code, | 2991 |
effective
until January 1, 2004, is
presented in Section 1 of
this | 2992 |
act as a composite of
the section as amended by
both Am. Sub.
H.B. | 2993 |
327 and Sub. H.B.
485 of
the 124th General
Assembly. The
General | 2994 |
Assembly, applying
the
principle stated in
division (B) of
section | 2995 |
1.52 of the
Revised
Code that amendments
are to be
harmonized if | 2996 |
reasonably
capable of
simultaneous
operation, finds
that the | 2997 |
composite is the
resulting
version of
the section in
effect prior | 2998 |
to the effective
date of
the section
as presented in
Section 1 of | 2999 |
this act. | 3000 |
(B) Section 2929.14 of the Revised Code, effective
on
January | 3001 |
1, 2004, is
presented in Section 3 of
this act as a
composite of | 3002 |
the
section as amended by
Am. Sub. H.B. 327, Sub.
H.B.
485, and | 3003 |
Am.
Sub. S.B. 123 of
the 124th General
Assembly.
The
General | 3004 |
Assembly, applying
the
principle stated in
division
(B) of
section | 3005 |
1.52 of the
Revised
Code that amendments
are to be
harmonized if | 3006 |
reasonably
capable of
simultaneous
operation, finds
that the | 3007 |
composite is the
resulting
version of
the section in
effect prior | 3008 |
to the effective
date of
the section
as presented in
Section 3 of | 3009 |
this act. | 3010 |